1. Employers' potential liability for discrimination in recruitment
Various anti-discrimination laws apply throughout the entire process of recruitment, including selection interviewing.
Employers are liable in law for any discriminatory actions perpetrated by their staff in the course of their employment. This means that if a manager who is conducting recruitment interviews does or says anything that could be construed as discriminatory, the employer will be potentially liable to pay compensation to the victim if a successful complaint is subsequently made to an employment tribunal.
A job applicant who believes that he or she has experienced discriminatory treatment during the process of recruitment has three calendar months from the date of the discriminatory treatment to lodge a claim with a tribunal.
There is no limit on the amount of compensation that can be awarded by tribunals in discrimination claims.
Did you know that … |
… in 2004 the average discrimination compensation award was £16,276?
Source: Equal Opportunities Review, No.144
However, many are considerably higher. In September 2005 a Consultant employed by an English NHS Trust was awarded £1 million compensation after successfully demonstrating that she had been unfairly dismissed and discriminated against on the grounds of race. |
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