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MacNairs + Wilson

1 minute reading time (193 words)

When it is allowed to treat people differently

We were consulted recently by an employer who wished to place an advert for new staff but was worried they might be in contravention of the Equality Act because of the wording they proposed. Employers should remember that discrimination laws extend to job adverts and the owners of business premises should also be aware that if they allow a discriminatory advert to be posted on their premises then they may also be guilty of discrimination.

Employers must not discriminate in their recruitment process because of one of the protected characteristics and so must avoid phrases such as young graduate, male driver or providing that someone over 45 need not apply.

Interestingly, however, it is permissible to apply discriminatory practises to disabled people in that it is not unlawful to treat a disabled person more favourably in a recruitment process by operating a guaranteed interview scheme for disabled people who meet the minimum requirements for the job.

Contact our Discrimination Lawyers in Glasgow & Paisley

Please get in touch for further advice on this topic and remember it is better to take that advice in advance of any action! Contact our Employment Lawyers today.

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