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.
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.
This Northern Ireland industrial tribunal decision is a good example of how an employer can indirectly discriminate against a female job applicant by making it a requirement to have a number of years' relevant experience within a narrow time frame, something that is more difficult for women who have been raising a family to achieve.
A model question on an application form asking an individual if he or she requires any reasonable adjustments to be made in the shortlisting process due to disability.
HR and legal information and guidance relating to shortlisting job candidates.