Can I not just follow my instincts, when it comes to selecting amongst job applicants?

No. Your instincts might be discriminatory, whether you know it or not, in which case you might well fall foul of the anti-discrimination legislation (the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995, the Regulations outlawing discrimination on the grounds of sexual orientation, religion, religious belief or philosophical belief, which came into force in December 2003, or the Regulations outlawing discrimination on grounds of age, which came into force in October 2006). This legislation protects individuals against discrimination in employment, which includes the process of selecting applicants for jobs.

All employers are covered by the legislation banning discrimination. Prior to 1 October 2004, employers with 15 or fewer employees were excluded from the scope of the Disability Discrimination Act (DDA), but that exception has been removed, so that the DDA (like the other legislation) now applies to all employers irrespective of size.

To stay on the right side of the law, ensure that your selection criteria are objective, and that any requirements are justified, given the nature of the job. Do not make stereotypical assumptions (for example, that a woman could not work with heavy machinery), as they may be discriminatory. Also ensure that your selection process is not discriminatory (for example the location and timing of your interviews, and your interviewing and assessment techniques). Keep full records of your criteria and processes, and their application to all candidates, detailing the reasons for the decisions made.

Related Resources

in the Legal Information Centre

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