We were asked to advise a company on how to adopt a recruitment process that minimised the risk of a claim of discrimination. This involved us in reviewing the advertisement that was placed to make sure that this did not make any inappropriate suggestions (e.g. youthful, energetic, etc). We then advised the employee to draw up a job description and person specification. We also drafted a bias-free application form whereby personal information was in the first part and the applicant's work history, skills, qualifications, etc in the second part. The two parts of the form are then separated and given an identification number. This means that the person carrying out the short-listing exercise has no idea as to the applicant's gender, age, ethnic origins, etc. This virtually guarantees that the short listing is free from any form of discrimination.
We advised an employer who was interviewing an applicant for a Groundsman position. The applicant mentioned that he suffered from bipolar depression. However, his condition was controlled by powerful drugs. Unfortunately, this meant that he was not permitted to operate machinery. Because operating machinery was an important part of the job, the employer was entitled to ask questions about this. The applicant's knowledge of plants was encyclopaedic. In the end, the job was adapted such that he was not required to operate machinery. This is a classic example of when health questions can be asked and how reasonable adjustments can benefit both disabled applicants and employers.
Ms A is the manager of an agency which provides home-based carers. She wanted to check whether a number of prospective employees were permitted to work in the UK. We visited her in her office and explained in detail how Ms A should deal with her pre-employment immigration checks . We assisted her by "interpreting” the meaning of the potential employees' passport endorsements and advised her on how to ensure that she would have a defence against paying a financial penalty should any of her staff turn out to be working illegally. Ms A continues to telephone us whenever she is not certain of a potential carer's right to work in this country.








