Search

How can we help?

Icon

Applicant X – avoiding bias and discrimination in recruitment

Most UK employers are well aware that the law protects job applicants from unlawful discrimination and bias – for example because of their sex, race or age. The majority of businesses have no intention of treating anyone unfairly and yet we continue to see stark imbalances within workforces. Why is this?

Attention has shifted in recent years from cases of outright prejudice, or what employment lawyers would call ‘direct discrimination’, to more subtle forms of bias that can influence a recruiter’s decision-making.

It’s now widely recognised that businesses and educational establishments have a part to play in reducing inequality by tackling forms of conscious and unconscious bias.

Last year professional services firm Deloitte announced they were looking to target the issue of social mobility by removing the name of an applicant’s school and university before interview. The aim – to help ensure that job offers are made on the basis of present potential, not past personal circumstance.

Over the next year a much wider-ranging trial will take place in universities, which should give a much better indication of the extent to which unconscious bias influences recruitment. With the support of the government, Exeter, Huddersfield, Liverpool and Winchester universities have volunteered to carry out “name-blind” admissions designed to counteract assumptions that may be made about a candidate’s race, gender or religion based on their name.

Monica Atwal

Managing Partner

View profile

+44 118 960 4605

The majority of businesses have no intention of treating anyone unfairly and yet we continue to see stark imbalances within workforces. Why is this?

The outcome of the trial will be of interest to anyone involved in recruitment and selection, and it could even lead to legislative changes. In the meantime, employers may want to ‘equality test’ their own recruitment practices and procedures by withholding information that could lead to bias and discrimination. We regularly provide advice and training to business clients on these issues and we know from experience that it’s worth putting the work up front to avoid potentially damaging and costly discrimination claims from job applicants.

For further information or support with avoiding bias and discrimination in recruitment, please feel free to contact our specialist employment law team.

About this article

Disclaimer

This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Monica Atwal

Managing Partner

View profile

+44 118 960 4605

About this article

Read, listen and watch our latest insights

art
  • 10 October 2024
  • Employment

Employment Rights Bill – the biggest changes for a generation

Today, 10 October 2024, the Government has unveiled their long-awaited Employment Rights Bill, fulfilling their election manifesto pledge to introduce major reform to workers’ rights within 100 days of government.

art
  • 10 October 2024
  • Employment

Prioritise mental health in the workplace – FAQs

Today is World Mental Health Day, and the focus this year is mental health at work.

art
  • 08 October 2024
  • Immigration

The Immigration Rules updates – October 2024

The Home Office has issued a statement of changes to the Immigration Rules, impacting UK immigration applications. Published on 10 September 2024, these changes take effect as of yesterday, 08 October 2024, with some set to be implemented in early 2025.

art
  • 08 October 2024
  • Employment

Hidden Disabilities in the Workplace: Chronic Pain

In this article we will consider guidance on how hidden disabilities can be managed in the workplace and what employers should consider specifically for employees suffering from chronic pain.

Pub
  • 08 October 2024
  • Public Procurement

Procurement Challenges under the Procurement Act 2023

Taking prompt advice is essential as unsuccessful bidders have just ten days within which to issue court proceedings if they want to benefit from the automatic suspension provided for in the Regulations, which prevents the contracting authority from awarding the contract to anyone else.

art
  • 03 October 2024

Clarkslegal receives outstanding results in Legal 500 guide

Clarkslegal thanks clients for exceptional feedback in its 2025 Legal 500 rankings. Clarkslegal is proud that Legal 500 has recognised the firm in the following areas: Construction, Litigation, Property, Corporate, Employment & Immigration.