Recruiting staff is a difficult, time consuming task, where an inappropriate recruitment choice can lead to wasted costs, dissatisfied clients and disgruntled colleagues.
It is also the first point at which an employer can potentially expose itself to legal claims if it fails to ensure that its recruitment processes are fair and do not discriminate against a category of potential recruits on one of the prohibited grounds.
Therefore those concerned with recruitment need to ensure not only do they design a recruitment process to ensure they recruit the best candidate, but in doing so they do not discriminate against those who wish to be considered for a post.
Before examining this protection in more detail, it should be noted that nothing in the relevant legislation will prevent an employer from rejecting candidates who do not possess the necessary skills or abilities to carry out a role. Instead, the purpose of legislation is to ensure that an employer’s choice of candidate is based solely on merit, with a view to enabling an employer to select the best person for any particular vacancy.
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