In the current candidate driven job market, attracting the right applicant is more important than ever. Not only do you want your advert to attract the best job seekers, but you also want to try to dissuade unsuitable applicants from filling your inbox, an activity easier said than done.
It is imperative that the content of the advert adheres to a list of rules and regulations pertaining to a whole host of Discrimination and Race Relations Acts otherwise you can leave your company open to legal action.
The Acts that cover the writing of job adverts are:
The question to consider when writing an advert is whether an 'ordinary, reasonable person with no special knowledge' will think the advertisement is discriminatory. If someone quite reasonably concludes from an advertisement that the advertiser intends to discriminate on the grounds of race, sex or disability, the advertisement is likely to be unlawful, whatever the advertiser's actual intentions.
Most Acts are self evident but there are various exceptions for example:
The Sex Discrimination Act:where the job needs to be held by a person of that sex to preserve decency or privacy of their clients i.e. changing room attendants.
The Race Relations Act:When being from a particular racial group is a 'genuine occupational qualification' for a job.
The most recent changes have come in the area of The Employment Equality (Age) Regulations 2006, which makes it unlawful for an employer to discriminate against an applicant for a job on grounds based on that applicant’s age.
This is an area where it is easy to fall foul of the rules. Any mention of age requirements or amount of experience required can open a company up for legal action, for example a request for a “Recent Graduate” discriminates against applicants who have not graduated recently. It is important not to specify the number of year’s experience the applicant should have. The easiest solution is to specify that “relevant experience” is required!
New Frontiers are aware of a situation where after the “Age Regulations” were implemented a “job seeker” contacted a client asking that as he had not graduated recently could he still apply for a position advertising for a recent graduate. When advised that he did not meet the required criteria, a legal letter soon followed and the company had to pay out to avoid going to court. It turns out that this “job seeker” spends his days scouring job boards in order to sue companies regardless of whether he has the required skills and experiences.
At New Frontiers, we work on a wide range of roles for most of the countries leading travel companies posting numerous adverts daily seeking the right candidate for the job. Our diligence to these rules and common sense approach to the adverts that we post, have ensured that our clients have not ended up in any legal situations and a problem free campaign with a strong range of interested applicants as both publishers and advertisers are legally responsible for ensuring that advertisements are lawful.
Not sure if your advert is legally compliant, contact your account manager who will happily check it for you.
Jose joined New Frontiers in 2000 working a variety of roles from recruitment consultant to in-house recruiter and staff trainer and now General Manager. Jose has a wealth of travel industry experience having worked in travel for 8 years prior to joining New Frontiers with roles in retail and for a tour operator.