A local solicitor is “unsurprised” that countless businesses are risking unlimited financial penalties by breaking anti-discrimination laws.
Even to question a female employee or job applicant about whether she has or plans to have children is illegal under sex discrimination legislation – and there is no upper limit to the amount of compensation she may be awarded if she successfully argues her case in front of an Employment Tribunal.
According to Kevin Modiri, head of employment at Bakewells Solicitors in Derby, the finding of a recent survey by the Equality and Human Rights Commission that 70% of recruitment agencies have been told to avoid hiring women who are likely to get pregnant is “almost certainly an under-estimate”.
As Kevin continues, “Those businesses that quietly avoid employing women of child-bearing age need to understand that they are running an immense risk. The penalties against businesses found guilty of sex discrimination can be immense. A recent complex case, for example, saw a Tribunal award over £13 million to a senior female employee who alleged sexual bullying and harassment – and this sum is expected to rise to £19 million if her appeal for even greater compensation is successful.”
To ensure that they are complying with the law at the recruitment stage, an employer needs to consider three stages. First, the job description and advertisement should avoid any reference to factors that are not relevant to the role, such as gender, age, marital status or whether the candidate has children.
Next, the shortlist should include candidates with the qualifications and experience that enable them to meet the job description. Third, the interview needs to be focused on the job and avoid any personally intrusive questions.
For detailed guidance on how to avoid breaking sex discrimination legislation, call Bakewells on 01332 348791 to set up a meeting with an expert on employment law.
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Bakewells Solicitors 64 Friar Gate, Derby DE1 1DJ Telephone : 01332 348791