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This section provides general information on employment law. If you have specific questions, you should seek legal advice from a lawyer or trade union.
WorkLine offers advice on the website, through a confidential phone number or email. The service is sponsored by the UK Film Council and Women in Film and Television, and supported by Goodman Derrick LLP (Employment Lawyers).
The information in this section of the Diversity Toolkit has been compiled by Croner, an organisation providing information, advice and support in the areas of employment, health and safety and environmental compliance.
Recruitment
Both direct and indirect discrimination could take place during the recruitment process. As it is rarely possible to prove direct discrimination, courts and tribunals will ask the employer to justify any apparent difference in treatment between individuals who appear to be equally qualified for a job. Employers, therefore, need to be able to explain how they made key decisions at each stage up to an appointment.During the recruitment process, if employers use particular practices or criteria that have more impact on one group than another, this may amount to indirect discrimination. A tribunal would ask the employer to show that applying the practice or criterion does not unjustifiably affect one group more than others and is necessary to achieve a defined aim. For example, a recruitment method based on word-of-mouth and personal contact may mean that people from particular groups are less able to gain access to work than others, so an employer would have to show clear reasons why they used this method rather than more open recruitment.
Promotion
The same principles apply in relation to promotion as to recruitment. Decisions on promotion should normally be based around clear criteria which fit the needs of the business, not around an individual who has been pre-selected as 'best for the job'.
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