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Problems when hiring

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Discrimination in hiring (August 2007)

As we reiterate in all of our monthly bulletins, no one can escape their responsibilities as an employer (or potential employer) when it comes to the law. Recently, a man won the case he brought to tribunal against a Church of England bishop for refusing to hire him as a youth worker on account of his sexual orientation. Although the candidate had emerged as the leader out of eight other candidates, he was subjected to two hours of questioning on his sexual orientation and then turned down for the position.

Since 2003, after the enactment of the Employment Equality (Sexual Orientation) Regulations, it is illegal to discriminate in employment on the basis of sexual orientation. The chief executive of Stonewall, Ben Summerskill, is quoted as saying: "The tribunal has rightly made clear that the Church of England cannot discriminate against gay people with impunity. No one, not even a bishop, is exempt from the law."

What you should do

It is important that you do not discriminate in employment either directly or indirectly according to your employees' sex or marital status, race or ethnic origin, religion or belief, disability, age, trade union membership or sexual orientation. To establish a policy of non-discrimination in your workplace, you should use our Employee handbook to create an equal opportunities policy for your business.

You should also take steps in the hiring process to help prevent accusations of discrimination and appearances before employment tribunals, such as using our General purpose job application form and our General purpose rejection letter. Both documents are designed to help prevent charges of discrimination in the hiring process. Lastly, you should use our General purpose interview checklist to document your policy of non-discrimination when hiring. If you are accused of discrimination while hiring, you can use this document to evidence your reasons for hiring or not hiring and to help show that there was no discrimination involved.



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