Selecting staff

New and updated

• Type:

  How to

  How to comply with the duty to make reasonable adjustments during the recruitment process

  Updated to take account of the General Data Protection Regulation, in force from 25 May 2018.

• Type:

  Employment law cases

  Disability discrimination: Requirement for job applicant with Asperger's syndrome to complete multiple choice test was discriminatory

  In Government Legal Service v Brookes [2017] IRLR 780 EAT, the EAT held that an applicant for a solicitors' training scheme who has Asperger's syndrome suffered unlawful disability discrimination when she was required to sit a test in a multiple choice format in the recruitment process.

• Type:

  Employment law cases

  Recruitment and disability: online multiple-choice psychometric test was indirectly discriminatory

  The Employment Appeal Tribunal (EAT) has held that a requirement for a job applicant with Asperger's syndrome to complete an online multiple-choice psychometric test was indirectly discriminatory. The EAT also upheld claims for discrimination arising from disability and failure to make reasonable adjustments.

• Type:

  Employment law cases

  Employment tribunal awards damages of one month's salary where job offer withdrawn

  An employment tribunal has awarded a claimant damages for breach of contract where he verbally accepted a job offer made by the employment agency acting for the employer, and the employer subsequently withdrew the offer.

• Type:

  Employment law cases

  Negative verbal reference and job offer withdrawal were discrimination arising from disability

  The Employment Appeal Tribunal (EAT) has held that both the claimant's former and prospective employers committed discrimination arising from disability when a negative verbal reference resulted in a job offer being withdrawn.

• Type:

  Employment law cases

  Discrimination arising from disability: withdrawal of job offer because of epilepsy not discriminatory

  An employment tribunal has found that an employer did not commit discrimination arising from disability and met its duty to make reasonable adjustments when it withdrew a conditional job offer after health and safety concerns over a job applicant's epilepsy.

• Type:

  Employment law cases

  Employers entitled to favour employees over agency workers for permanent vacancies

  The Employment Appeal Tribunal has held that there is nothing in agency workers laws to prevent employers from choosing permanent members of staff over agency workers for job vacancies.

• Type:

  Employment law cases

  Age discrimination against job applicant not appointed to role of pizza chef

  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.

• Type:

  Employment law cases

  Disability discrimination: failure to record recruitment process leads to tribunal drawing adverse inferences

  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.

• Type:

  Employment law cases

  Race discrimination: carefully recorded recruitment process helps employer to defend tribunal claim

  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.