Shortlisting job candidates
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.
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 Pakistani doctor who was not shortlisted for a medical post because he could not meet the job requirements was unlawfully indirectly discriminated against, rules an Edinburgh industrial tribunal (Chair: S Krietman) in Mian v Common Services Agency and Brotherston.
A failure to shortlist a black employee for interview for the job of senior social worker was unlawful discrimination, rules a Nottingham industrial tribunal (Chair: D R Sneath) in Charles v Nottinghamshire County Council.
A Pakistani applicant who unsuccessfully applied for the post of senior equality adviser was discriminated against on the grounds of race, rules a Nottingham industrial tribunal majority (Chair: J H Bellis) in Ayub v Nottinghamshire County Council.
Employment law cases: HR and legal information and guidance relating to shortlisting job candidates.