Helping you avoid claims of discrimination, by ensuring your recruitment and promotion process is compliant and fair

  • When you are recruiting or promoting staff, it’s essential you follow a procedure that is fair and eliminates the risk of claims of discrimination.
  • With many stages in the recruitment and promotion process, it’s all too easy to make a mistake, and expert legal advice now could save you problems later on.
  • Our employment solicitors will support you with helpful advice, and help ensure you are legally compliant and fair.

Are you looking to recruit more staff or promote existing staff? You should minimise the risk of any discrimination claims being brought against you, by seeking legal advice as early as possible.

Regardless of whether you are recruiting more staff or promoting existing staff, as an employer you must ensure you follow a fair procedure. There are many points you may need to consider throughout the recruitment process, such as how candidates should apply, how to withdraw an offer and whether a probationary period is appropriate.

Additionally, in every stage there are pitfalls you could fall into unwittingly. It’s important to be able to identify those pitfalls and understand how you can avoid them, by following the correct policies and procedures. Taking expert legal advice from the outset can save you having to deal with problems later on. It will help prevent any claims being brought against you, or if claims are brought, ensure you have strongest possible defence.

This precautionary, prudent approach applies to all stages of the recruitment process:-

  • Identifying the vacancy;
  • Preparing a job description and person specification;
  • Deciding whether an exemption, such as occupational requirements, applies to the vacancy;
  • Advertising the vacancy: inviting applications (using either application forms or other means of applying) and dealing with speculative applications;
  • Ensuring GDPR compliance;
  • Shortlisting and interviewing;
  • Making an offer of employment, subject to conditions where appropriate (and, where necessary, withdrawing the offer); and
  • Inducting the new employee, starting with a probationary period if necessary.

By seeking advice at an early stage, you will have the reassurance that the process you are following is legally compliant and fair.

Our specialist employment solicitors will be ready with accurate and helpful advice for all aspects of recruiting or promoting staff. Our expert guidance will help you avoid the risk of potential discrimination and ensure your actions are always compliant and fair.

With our expert teams based across our offices in London, Southampton, Woking, Lymington, Guildford and Richmond, we’re ideally placed to offer specialist support both locally and nationally.

Contact our solicitors

Get in touch with our legal experts for advice.