Avoiding Discrimination

Avoiding Discrimination

If, at this early stage of the recruitment process, inappropriate or unnecessary criteria or conditions are attached to the job description or to the person specification, this could in certain circumstances constitute direct or indirect discrimination on grounds of age, disability,  gender, gender reassignment, marriage and civil partnership, pregnancy or maternity, race, religion or belief, sex or sexual orientation.

Individuals in Districts/ Circuits or Churches who take on responsibility for defining the various elements of the job description and person specification should thus take care to ensure that the requirements specified for candidates' qualifications, experience, skills, etc are sensibly matched to the needs of the job. Where a particular criterion or condition could potentially have a disproportionate adverse impact on a particular group, for example an ethnic minority group, it is particularly important to scrutinise it carefully to establish whether it is genuinely necessary and proportionate in relation to the effective performance of the job, and not just based on a personal opinion or attitude.

• PHRASE requirements (other than vocational qualifications) in the form of competencies or abilities, for example;

• Able to communicate clearly (both in writing and verbally)
• Able to maintain accurate written/computer records
• Able to keep accurate records of petty cash transactions up to £100
• Has a flexible approach to working pattern
• Has a good knowledge of Microsoft Office software
• Able to travel within all areas within the circuit

• AVOID speaking in terms of years of experience, health or personality. These can be challenged on the grounds of being discriminatory, for example;

• 5 GCSEs
• GCSEs in English and Maths
• 5 years' experience working as an Administrator
• In good health
• Energetic

Circumstances in which criteria and conditions can be discriminatory

Careful thought should be given before specifying a religious affiliation.  It is illegal to discriminate on the grounds of religion or belief unless there is an genuine occupational requirement. 

If there is a requirement (that is, the job cannot be done unless the requirement in the specification is met) then it must appear as an essential and not as a desirable.  This information needs to be stated clearly in the advert and also tasks relating to the occupational requirement should be reflected in the body of the job description.

Safeguarding Children and Vulnerable Adults

It is a legal requirement for all circuits and districts to ensure that all employees - who will have prolonged dealings with vulnerable adults or children e.g.  Carers, Youth Workers, Care Takers - obtain the required certificate of disclosure from the Disclosure and Barring Service (DBS).  For further information visit the Guidelines for the Appointment and Employment of People with a Criminal Record.

People with a Disability

An employing body must make reasonable adjustments in the recruitment and employment of disabled people.  This can include adjustments to recruitment and selection procedures, working arrangements and physical changes to premises or equipment.

A person specification must never include unacceptable risks to an employee's health or safety at work.  For example, a job that requires heavy lifting should have provision for lifting equipment; a job that requires working at heights should have provision for supervision when the higher risk duties are to be carried out.  Reference should be made to the Health and Safety Executive's guidance before such requirements are included.

Using specific definitions in the specification (as long as they are relevant) will help to avoid claims of discrimination on the grounds of disability.  The checklist is intended to help you define what is needed.  Some of the prompts relate to health and safety standards. 

A checklist to help you define the physical and mental requirements of the job are listed in the Role Profile Requirements document template.  This should be used to identify specific requirements in the person specification and should not be sent to applicants. 

Preventing Illegal Working

It is a Home Office and statutory requirement that employers, undertake Right to Work to prevent illegal working. The detailed government guidance Right to work checks: an employer's guide contains the lists of acceptable documents at Annex A.

Full guide for employers on preventing illegal working in the UK (https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/304793/full-guide-illegal-working.pdf)

The district/circuit/church will follow recruitment practices that are in line with the Equality Act 2010.