An employment tribunal has found that, while the Agency Workers Regulations 2010 (SI 2010/93) require employers to provide agency workers with information about relevant vacancies, they do not require equality of opportunity during the selection process with internal applicants who are permanent members of staff.
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This case serves as a reminder of the importance of having a recruitment policy and procedure in place that is not discriminatory and properly implemented and followed and of recording each stage of the recruitment process.
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.
HR and legal information and guidance relating to selecting staff.