Can you discriminate against someone before they’ve even started the job?

As business owners, you’re aware that the Equality Act 2010 protects your employees from discrimination at work.

But did you know that this protection starts before they even step through the door?

Laura Reilly, an HR expert and owner of Taurus HR Solutions Ltd in Lincolnshire, explains further.

“Discrimination can happen from the very first interaction with a candidate. Business owners must be aware that discrimination claims can be brought by individuals even before their first day on the job.

“Recruitment can be a creative process—think open house events, video introductions or other fun and innovative ways to attract great candidates. There are no set processes required by law.

“But, whatever route you take, it’s essential to follow a fair process and stick to objective criteria when assessing a candidate’s suitability for the job.”

She goes on to say, “A recent case underscores the importance of this. A London property management firm was slapped with a £90,000 fine after an Employment Tribunal found them guilty of sex discrimination—before the candidate even started with them.

“The issue? During a pre-start meeting, the candidate was asked about the age of her children. Just six days later, her job offer was withdrawn.

“The ET concluded that the withdrawal was likely tied to that conversation – and that she was asked this question because she was a woman.”

Laura adds, “This eye-watering penalty should be a wake-up call. From the very first moment of contact, you should focus solely on the candidate’s ability to do the job.

“Personal questions about protected characteristics, such as marital status or family plans, for example, are an absolute no-go area.

“Instead, business owners must create objective, clear and specific job descriptions that can be referred back to throughout the recruitment process. Document your decisions and ensure your recruitment process is fair and free from discrimination.

“My team and I are here to support you in building an inclusive hiring process and safeguarding your business from discrimination claims.”

Business owners can arrange a free 15-minute consultation by visiting www.taurushr.co.uk

Taurus HR Solutions Ltd outsources a full range of HR services to local businesses, as well as a number of learning and development courses.