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HR and legal

monitoring recruitment

Codes of Practice

The Discrimination Codes of Practice recommend that employers should monitor (monitoring ) their recruitment practices by sex, race and disability to ensure that they are not operating in a discriminatory way.

Monitoring involves checking whether the proportion of job applicants, shortlisted candidates and successful candidates who are from a particular sex or racial group or who are disabled is roughly equivalent to the proportion of that group in the particular labour market from which the employer is recruiting. (The labour market may well differ according to the job at issue.) Monitoring need not be a complex process. In small companies, monitoring can be carried out from personal knowledge and visual identification.

Reviewing practices

Gathering monitoring information is not an end in itself. The aim is to identify whether there is a marked disparity between the number of applications or successful appointments from a particular group, and the number that could be expected in the light of that group's representation in the relevant labour market. If there is, the company should review its recruitment practices in order to decide whether they are being affected by direct or indirect discrimination. Action should then be taken to end any discrimination that is discovered.

Employers who are considering including a commitment to monitor in their equal opportunities policy should bear in mind that effective monitoring takes time. If an employer has said it will monitor but then fails to do so, an employment tribunal hearing a discrimination claim against the employer may form an unfavourable view of its commitment to equal opportunities.

related links
age positive

commission for racial equality: monitoring

acas

information commissioner: data protection

equal opportunities commission: monitoring

The EEF Employment Guide is intended to provide general guidance only. It does not purport to be comprehensive or to give legal advice. Users should always seek specific legal advice before taking or refraining from any action. Information and documents on this website are prepared in accordance with the laws of England, Wales and Scotland. Users accessing from Northern Ireland should be aware that different laws and interpretations may be applicable to Northern Ireland.