Updated to include information on trends in recruitment and selection.
It is perfectly possible for there to be very little direct evidence of discrimination in a recruitment process, but for an employee to win a tribunal claim because the employer's failure to keep a clear record leads to inconsistencies in its defence, as this disability discrimination case shows.
Employers that operate a transparent and carefully recorded recruitment process have little to fear if they find themselves in an employment tribunal, as this race discrimination case shows.
Good practice guidance discussing shortlisting job candidates for selection in recruitment.
In this well-publicised race discrimination case, a job applicant engineered a tribunal claim by submitting two applications for a job with Virgin Atlantic: the first using his real African name and stating that he is a black African; the second using a fake British-sounding name and stating his ethnicity as white British.
The law on recruitment shortlisting, including shortlisting in relation to disabled applicants, positive action, questions about health or disability and pensions auto-enrolment and prohibited recruitment conduct.
A model form to record the shortlisting process and enable a decision to be made about which candidates to interview.
Additional information on the law on recruitment shortlisting for local authority employers, including appointments to posts advertised externally. To be read in conjunction with the general information on the law on recruitment shortlisting.
Georgina Kyriacou and David Malamatenios are partners and Sandra Martins, Colin Makin and Krishna Santra are associates at Colman Coyle Solicitors. They round up the latest rulings.
HR and legal information and guidance relating to shortlisting job candidates.