It is against the law to treat someone less favourably than someone else because of a personal characteristic such as religion, sex, gender reassignment or age. Discrimination can include: not hiring someone selecting a particular person for redundancy paying someone less than another worker without good reason You can discriminate against someone even if you do not intend to. For example, you can discriminate indirectly by offering working conditions or rules that disadvantage one group of people more than another.

Discrimination in recruitment

Discrimination in job adverts You must not state or imply in a job advert that you’ll discriminate against anyone. This includes saying that you are not able to cater for workers with a disability. Only use phrases like ‘recent graduate’ or ‘highly experienced’ when these are actual requirements of the job. Otherwise you could discriminate against younger or older people who might not have had the opportunity to get qualifications. Where you advertise might cause indirect discrimination - for example, advertising only in men’s magazines. Get help advertising a job without discriminating Employer Services Line Telephone: 0800 169 0178 Textphone: 0800 169 0172 Video relay service for British Sign Language (BSL) users - check you can use the service Monday to Friday, 9am to 5pm Find out about call charges Questions you cannot ask when recruiting You must not ask candidates about ‘protected characteristics’ or whether they: are married, single or in a civil partnership have children or plan to have children Asking about health or disability You can only ask about health or disability if: there are necessary requirements of the job that cannot be met with reasonable adjustments you’re finding out if someone needs help to take part in a selection test or interview you’re using ‘ positive action ’ to recruit a disabled person You might be breaking the law if any discrimination happens during their recruitment process, even if you use a recruitment agency. Asking for a date of birth You can only ask for someone’s date of birth on an application form if they must be a certain age to do the job, for example selling alcohol. You can ask someone their date of birth on a separate equality monitoring form. You should not let the person selecting or interviewing candidates see this form. Spent criminal convictions Applicants do not have to tell you about criminal convictions that are spent . You must treat the applicant as if the conviction has not happened, and cannot refuse to employ the person because of their conviction. There are some areas of employment that are exempt from this rule, for example schools. Trade union membership You must not use membership of a trade union as a factor in deciding whether to employ someone. This includes: not employing someone because they’re a member of a trade union insisting someone joins a trade union before you’ll employ them Employing people with protected characteristics You can choose a candidate who has a protected characteristic over one who does not if they’re both suitable for the job and you think that people with that characteristic: are underrepresented in the workforce, profession or industry suffer a disadvantage connected to that characteristic (for example people from a certain ethnic group are not often given jobs in your sector) You can only do this if you’re trying to address the under-representation or disadvantage for that particular characteristic. You must make decisions on a case by case basis and not because of a certain policy. You cannot choose a candidate who is not as suitable for the job just because they have a protected characteristic. Favouring disabled candidates When a disabled person and a non-disabled person both meet the job requirements, you can treat the disabled person more favourably.

Discrimination in work

You must not discriminate against your workers. This could be done by, for example: introducing policies or benefits that discriminate between workers, for example a benefit for married workers that’s not available for people in a civil partnership paying men and women different amounts (this includes benefits, for example company cars) to do the same job choosing someone for redundancy because they have a protected characteristic failing to make reasonable adjustments for a disabled worker firing someone for making an allegation of discrimination firing someone because they’re a union member unfairly rejecting a request for flexible working This includes self-employed people on a contract for you. You cannot promote or train workers just because of their age or the time they’ve worked for you. You’re allowed to ask workers about their future career plans, including retirement. These questions should only be asked in discussions about career development and not based on the employee’s age. Preventing discrimination You can help prevent discrimination by: having an equality, diversity and inclusion policy providing regular anti-discrimination training making it clear what workers should do if discrimination happens Find out more about how to prevent discrimination at work on the Acas website . You’re responsible for any instances of discrimination at work unless you can show you’ve done everything you reasonably could to prevent or stop it. Employment tribunals A worker who thinks they’ve been discriminated against can raise a grievance or take their case to an employment tribunal. Employing family members If you hire members of your family you must: avoid special treatment in terms of pay, promotion and working conditions make sure tax and National Insurance contributions are done correctly Gender reassignment As soon as a worker tells their employer that they’re having gender reassignment, they’re protected from discrimination. Discrimination includes: disadvantaging the worker because they have to take time off for medical treatment not allowing the worker to use facilities appropriate to their gender (for example, toilets) To avoid discrimination, you must: change your records (for example, human resources records) when the worker has a Gender Reassignment Certificate and a new birth certificate make sure you keep any information the worker gives you about their gender history completely confidential

Employers: preventing discrimination

Overview

It is against the law to treat someone less favourably than someone else because of a personal characteristic such as religion, sex, gender reassignment or age.

Discrimination can include:

not hiring someone
selecting a particular person for redundancy
paying someone less than another worker without good reason

You can discriminate against someone even if you do not intend to. For example, you can discriminate indirectly by offering working conditions or rules that disadvantage one group of people more than another.

View a printable version of the whole guide

Employers: preventing discrimination

Overview

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Employers: preventing discrimination

Overview

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