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Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.
Is there a legal requirement for an employer to provide a job description for each job vacancy? How does a firm know if a job requires the holder to be an approved person? Should employers always appoint the applicant with the highest level of qualifications to a post? In what circumstances could an employer's requirements and conditions of the job lead to claims of discrimination? In specifying the requirements for a job, what steps can an employer take to ensure that it is not liable to claims of indirect discrimination? Can an employer stipulate an age limit for a job? Is it permissible for an employer to specify that job applicants should have a clear spoken voice and good command of English? Are there any circumstances in which an employer can insist on recruiting from a particular racial group? Are there any circumstances in which an employer can insist on recruiting either a man or a woman? Can an employer restrict a job to people of a particular sexual orientation?
A job can be restricted to candidates of a particular religion or belief only where, having regard to the nature of the employment or the context in which it is carried out, being of that religion or belief is a genuine and determining occupational requirement for the job and it is proportionate to apply that requirement in the particular case. If the employer is an organisation with an ethos based on religion or belief, it will be enough that being of the particular religion or belief is a genuine occupational requirement (ie it does not have to be a determining requirement) and it is proportionate to apply that requirement in the particular case.
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