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Discriminatory Jobs Adverts Targeted by Serial Litigants- 11/03/2010
Employers using discriminatory job adverts are being targeted by so-called serial litigants, who are winning an average of £2,000 per claim, warns a leading Shropshire employment lawyer.
Alasdair Hobbs, Partner and Head of Employment at Shropshire law firm FBC Manby Bowdler LLP, says that a number of people are actively seeking out employment adverts which do not comply with the latest anti-discrimination legislation and threatening to take the organisation which placed the advert to an Employment Tribunal.
“When faced with a claim about a non-compliant job ad, most organisations have chosen to settle before going to an Employment Tribunal, at around £2,000 a time. When one case recently did make it to an Employment Tribunal, the Tribunal revealed that the same claimant had already lodged 60 such claims about discriminatory job adverts. Fortunately the Tribunal ruled against the claimant on the grounds that there was no discrimination as there was never any intention of taking the job,” says Mr Hobbs, who is based in FBC Manby Bowdler’s Telford office.
“We understand that this is not an isolated case, but the tip of an iceberg, which will get bigger as long as employers fail to get up to date with the most recent employment regulations.
“Many employers are starting to recruit again after a number of years, but this is no excuse not to review their employment procedures to ensure that they do not fall foul of the latest anti-discrimination legislation.
“Employers who make age specific statements on job adverts, ask for details such as age and disabilities on application forms, or quiz potential employees about their family circumstances are heading for trouble,” says Mr Hobbs, who advises employers to put in place a ‘best practice’ procedure for recruitment.
He says: “This should start with a clear job description and an advert which is non-discriminatory, and include the retention of good written records of all decisions about why candidates have been rejected. A clear paper trail is a vital part in avoiding any future claims for discrimination from failed job applicants.”
To help employers get up to date with the latest and future anti-discrimination and other employment regulations, FBC Manby Bowdler is holding a series of seminars on recruitment.
The one hour sessions will take place on 1 April in Telford at Routh House and on 8 April in Shrewsbury at The Lord Hill Hotel. A booking form and further information is available via info@fbcmb.co.uk.