Recruitment

New and updated

• Type:

  FAQs

  If a job applicant has suffered from a debilitating illness in the past, can they be excluded from the shortlist?

• Type:

  FAQs

  Is there a legal requirement for an employer to provide a job description for each job vacancy?

• Type:

  FAQs

  Should employers always appoint the applicant with the highest level of qualifications to a post?

• Date:

  1 May 1998

  Type:

  Employment law cases

  Effect of bias by interviewers

  In Marks & Spencer plc v Martins (19 December 1997) EOR79B, the Court of Appeal rules that it was an error for an industrial tribunal to find that the employer discriminated against an applicant on grounds of her race because its interviewers were guilty of "bias".

• Date:

  1 June 1995

  Type:

  Employment law cases

  X v Commission of the European Communities

  In X v Commission of the European Communities [1995] IRLR 320 ECJ, the European Court of Justice held that, under the European Convention on Human Rights an individual has the right to refuse to undergo a medical examination, and that this right must be respected.

• Date:

  1 March 1995

  Type:

  Employment law cases

  Pakistani doctor discriminated against

  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.

• Date:

  1 March 1995

  Type:

  Employment law cases

  GOQ applied to 'ladies' lingerie' vacancy

  Being a woman was a genuine occupational qualification for the post of regional manager with "a specialist ladies' lingerie retailer", rules a Reading industrial tribunal (Chair: M C Craft) in Rowson v Contessa (Ladieswear) Ltd.

• Date:

  1 March 1995

  Type:

  Employment law cases

  Asian wouldn't 'fit in'

  A Sri Lankan-born candidate was discriminated against when his application for the post of director of community services was turned down, a Bury St Edmunds industrial tribunal (Chair: D R Crome) has ruled in Abraham v Fenland District Council.

• Date:

  1 March 1995

  Type:

  Employment law cases

  Failure to shortlist unlawful

  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.

• Date:

  1 December 1994

  Type:

  Employment law cases

  "Women-only" post unlawful

  Rejecting the defence that being a woman was a "personal services" genuine occupational qualification for the post, a Nottingham industrial tribunal (Chair: D R Sneath) in Moult v Nottinghamshire County Council rules that it was unlawful to refuse an application from a man for a teaching post on women-only courses run by an all-women organisation.