THE ADVERT
Words about the work
Acas says age-coded phrases like "recent graduate" and gendered titles like "handyman" can discriminate. Describe the job, not the applicant.
Check an advertWHAT ACAS AND GOV.UK SAY
Describe the job,
not the person.
A fair hire starts with the advert.
Check an advert
HIRE FAIRfrom advert to offer
- Words about the job
- Same questions for all
- Check right to work
- A fair process, start to finish
Acas says employers decide how they recruit but must follow a fair process, from the wording of the advert to the interview and the offer. Most of it comes down to treating every applicant the same way.
Updated
THE SHORT ANSWER
Be consistent
at every step.
Discrimination and data protection law apply
from the first advert to the final offer.
THE INTERVIEW
Same questions for all
Prepare questions in advance and ask every applicant the same ones where possible. Acas suggests more than one interviewer where you can.
How to do it
ADJUSTMENTS
Ask what people need
Under the Equality Act 2010 you must make reasonable adjustments for disabled applicants, such as an accessible room or more time for a written test.
See the numbersA QUICK ADVERT CHECK
Would this line
pass the Acas test?
Pick a line you might put in a job advert to see what Acas guidance says about it. The bar shows how much risk the guidance flags.
Based on Acas guidance on advertising a job and following discrimination law. General information, not legal advice.
TWO NUMBERS WORTH KNOWING
Nine characteristics,
two years of records.
One figure from discrimination law,
one from the right to work rules.
9
Protected characteristics
Age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Acas says employers must not discriminate when advertising, interviewing and deciding who to employ.
EQUALITY ACT 2010 · ACAS
2 years
How long to keep copies after someone leaves
GOV.UK says to check a job applicant is allowed to work for you in the UK before you employ them, record the date of the check, and keep copies during employment and for 2 years after they leave.
RIGHT TO WORK · GOV.UK
GOV.UK also says you must not discriminate against anyone because of where they are from when checking their right to work.
FOUR FAIR-HIRING HABITS
A fair process,
start to finish.
These steps come straight from Acas and GOV.UK guidance. They suit a small business hiring its first employee as much as a large one.
Write the job description first
Acas suggests giving applicants a job description, a person specification and information about the organisation.
Ask about adjustments
You must ask anyone coming to an interview whether they need reasonable adjustments to attend.
Decide against the job
Base decisions on how each applicant met each point in the job description and person specification.
Check right to work before day one
Check documents or a share code before employment starts, and check again before any time limit expires.
HEALTH QUESTIONS
Wait until
after the offer.
Acas says you must not ask a job applicant about their health or any disability during the application or interview process, unless an exception applies, such as finding out what adjustments they need for the assessment.
You can ask once you have offered the job, outright or conditionally, and should then consider whether reasonable adjustments would let them do it.
Questions
Questions people ask
What are the protected characteristics?
Acas lists nine under the Equality Act 2010: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
Can I ask about health in an interview?
Acas says not at any stage of the application or interview process unless an exception applies, such as asking what reasonable adjustments are needed. You can ask after making a job offer.
Where should I advertise a job?
Acas suggests at least two different ways or places, such as a newspaper and a jobs website, and checking that they reach a diverse range of people.
Should more than one person interview?
Acas says that where possible, having more than one person carry out each interview reduces the risk of discrimination, and interviewers should understand discrimination law.
When do I check right to work?
GOV.UK says before you employ someone, using original documents with the applicant present, an online share code or an identity service provider. Keep copies for 2 years after they leave.