(Solution) CIPD 5OS01 2.1 Principles of discrimination law in recruitment, selection and employment



In UK, the Equality Act 2010 is use in governing how recruitment is pursued to avoid discrimination (Citizensadvice.org.UK, 2022). For instance, according to section 60 of the Equality Act 2010, it is against the law rejecting job applications without offering a chance  to show that you possess the skills of doing the job (Equality Human Rights, 2022). By prioritising on the skills rather than the individual characteristics, objectivity criteria of recruitment is noted to have been adopted. To evidence the rationale of embracing objectivity in recruitment, the Government Legal Service V Brookes (EAT) case law can be considered. In this case law, the recruiting organisation had failed in making reasonable adjustments to a disabled employee. The outcome of this was passing the case in the Employment Tribunal where a decision was made on the need of enhancing objective recruitment. There are however instances where discrimination in recruitment can be allowed. As evidenced in Citizensadvice.org.UK (2022) when objective justification of discrimination is provided, it is not unlawful under the Equality Act 2010. For instance, if an organisation recruitment process require employees to have at least 10 years of experience, women who could fail to meet this requirement could feel indirectly discriminated since they could have spent considerable time caring for their children.


Further, Equality Act 2010, the process followed for interviewing and the overall process ought to have zero discrimination. According to Ons.gov.uk (2023), this is pursued by noting on employee fit level in line with job descriptions/specifications increasing likelihood for being considered. In the process of selection, there should be no blind CVs or unfair scoring matrix.


In employment, Equality Act 2010

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