The People Bulletin

Recruitment can be a time-consuming and costly process for employers; yet getting it wrong can seriously impact a business and even lead to an employment tribunal claim if a candidate feels they have been unfairly treated. To prevent any chance of discrimination, employers must ensure they have an up-to-date job description and objective person specification in place to ensure that hiring decisions are based on a fair and objective process. Following the correct procedures will ensure the recruitment process runs smoothly, reducing the risk of damaging tribunal claims.

The most common discrimination claims brought to a tribunal tend to relate to age, disability, race, religion, sex and sexual orientation. Here are some key steps to follow to prevent any discriminatory issues from arising.

Review the situation

Before doing anything, organisations should consider the need to replace a departing employee by answering three questions:

• What are the outputs of the job?
• Are these outputs really required?
• Are there alternative ways of achieving these outputs, including restructuring, computerisation, and reviewing systems/procedures?

Even when recruitment is necessary, hiring a permanent, full-time employee, isn’t always the best solution. It is sensible to look at other alternatives, such as outsourcing, home-working, hiring part-time or temporary staff, or promoting internally.

Job descriptions

It’s essential to have an accurate and up-to-date job description, covering outputs, tasks and duties. At this stage, businesses shouldn’t be thinking about the kind of person to hire or the ways in which duties are carried out as these assumptions can work their way into the recruitment process. People approach a job in different ways and one of the great values of diversity is that new recruits may find better way of doing things.

Job analysis

When a job description is out-of-date or the role is a new one, it’s necessary to conduct a job analysis before producing the job description, covering:

• overall purpose of the job;
• reporting relationships;
• extent of the job holder’s authority;
• detailed duties;
• performance measurement; and
• any special factors.

The best way to gather this information is through a questionnaire and interview with the job holder and colleagues to ascertain the scope of the role, any problems encountered and changes anticipated in the near future.

Review the existing job description

Even when a job analysis isn’t necessary, employers should review all job descriptions regularly. This can often be done during an employee’s appraisal and should cover:

• whether the purpose of the job has altered;
• changes in organisational structure;
• alterations in reporting lines or the number of staff managed;
• changes in key result areas;
• increases or decreases in budgets controlled;
• additional tasks; and
• whether any duties are no longer required.

Format and content of job descriptions

The format and content of job descriptions should vary depending on the nature and level of the post, but should still follow a similar structure.

• Job title. Make it as clear and self-explanatory as possible, indicating the function and level of the job. Avoid gender specific terms, e.g. ‘manager’ is perceived as gender neutral, whereas ‘tough’ and ‘competitive’ can send signals that one sex is preferred.
• Reporting lines. State the title rather than the name of the person to whom the job holder reports. This keeps the job description up-to-date even if the line manager moves on.
• Main purpose of the job. Why the job exists, identifying the outputs that are expected.
• Key result areas. Measurable standards by which performance will be judged.
• Detailed duties. Classify duties under appropriate headings to indicate which tasks are more important and the percentage of time they will take up. A distinction should also be made between ‘core activities’ and those that could be done by someone other than the job holder to show where reasonable adjustments could enable a person with a disability to take the job. Identify at the start of the recruitment process what could be moved to a third party.
• Working relationships. List the titles of the people with whom the job holder will have to liaise to carry out the job.
• Special factor. Any unusual job features should be highlighted, including extensive travel, shift working, uniforms/protective clothing and physical factors.
• Format of the job description. The job description should be in a suitable format so applicants can decide whether they are interested and suitable for the position in question.
• Person specification. This details the knowledge, skills and experience that a job holder will need in order to fulfil the key duties and responsibilities outlined. It must be based on objective requirements of the job description and not subjective factors that are irrelevant and may be considered discriminatory.

Structured approaches

To counteract the tendency of managers to allow subjective values to influence person specifications, employers often use formal and structured approaches. Some of these systems however are dated and are losing relevance in a number of areas. For instance, Alec Rodger’s Seven-Point Plan classifies candidates under certain attributes, including physical make-up, intelligence and disposition[1]. Physical make-up is clearly open to discriminatory bias and has lost its point in age when very few jobs have legitimate physical requirements.

Competency frameworks

A competency framework is a more flexible, comprehensive and precise technique which assesses the competencies relevant for a particular job and the degree to which they are required. A typical set would include communication skills, decision making, organisation, leadership and relationships with people. Once identified, these can be used as a basis for the person specification, the advertisement and even interview questions[2].

Mandatory and preferred requirements

It is common practice to divide the person specification into essential and desirable criteria. If a requirement is categorised as essential when it’s in fact desirable, a candidate might claim that he/she has been discriminated against. But on the other hand, if essential characteristics are omitted, candidates can also claim they have been discriminated against.

Direct and indirect discrimination

It is vital when preparing a person specification to avoid both direct and indirect discrimination. Direct discrimination, i.e. specifically omitting a particular type of person, is rare, apart from exceptional cases where genuine occupational requirements apply. There is no definitive list of terms that will give rise to a discrimination claim, but the best way to avoid it is to be explicit about what is required, for example stating, ‘needs to give clear information to clients by phone’, rather than, ‘needs a good command of spoken English’.

Indirect discrimination arises when an unjustifiable condition or requirement is imposed which has an adverse and disproportionate effect on members of one group in relation to another, e.g. height requirements would discriminate against women and possibly certain racial groups. It’s therefore vital to ensure all criteria included in a person specification can be justified as being genuinely necessary for the job[3].

Training your hirers

Training in the preparation of job descriptions and person specifications should be a key part of any recruitment and selection course. Although the content of such a course should always provide comprehensive coverage of the discrimination risks involved, these could also be included in any courses specifically on diversity and equal opportunities.

By following these simple steps, employers will ensure that a job description and person specification are produced in an appropriate and fair manner to prevent any discriminatory elements being included, in turn reducing the risk of employers facing a costly and damaging tribunal claim.

[1] A useful summary can be found here

[2] See also previous articles in The People Bulletin:  ‘In the frame’, 18 July 2009 and ‘More on competencies’ 27 August 2009.

[3] See also ‘I’ve started so I’ll finish’ in The People Bulletin, 11 May 2009.  

Sponsor

Business confidence is starting to show signs of improvement across the IT recruitment industry, so it’s vital that employers stay a step ahead and develop a recovery plan – particularly when it comes to retaining employees. People are becoming more mobile as the economy improves, and with the cost of replacing an employee equal to an annual salary, engaging your existing workforce is more important than ever before.

Click here to download a FREE recruiter’s guide to planning for the recovery