Lawful Recruitment Advertising: What You Need to Know
Recruitment Advice
Writing job adverts is a bit of an art. Not only does it need to be informative, explaining the role and the company, but it also needs to be attractive to applicants and appropriately keyworded for search engine optimisation. But the skill of advert writing doesn’t end there. There’s also the legal stuff to consider: Do you know what you need to do to be adhering to lawful recruitment advertising?
Discrimination
When adhering to lawful recruitment advertising the Equality Act (2010) is important to consider. There are several protected characteristics: age, disability, race, belief, sexual orientation, and gender. Any recruitment advert that directly or indirectly discriminates against these protected characteristics risks legal consequences.
Job adverts can be accidentally discriminatory. For example, stating that a role requires more than 10 years of experience could be viewed as age discrimination. Similarly, referring to the ideal candidate as ‘mature’ could be discriminatory, as could phrases like ‘recent graduate’ if it’s not a genuine requirement. Even job titles are at risk. Traditional titles such as “Craftsman,” “Salesgirl,” and “Head Master” could breach sex/gender discrimination laws. Instead, neutral alternatives such as “Craftsperson,” “Sales Advisor,” and “Head Teacher” should be used.
There are a few exceptions to these rules, known as Genuine Occupational Requirements (GORs). These allow certain ‘discriminatory’
requirements if essential for the role, such as a female carer required for a live-in care position.
National Minimum Wage
One of the first things applicants look for when seeking a new job is the salary. It’s important to ensure the advertised salary meets the National Minimum Wage (NMW). The current rates (as of your latest update) are:
•21 and over: £11.44 per hour
•18–20 years old: £8.60 per hour
•16–17 years old: £6.40 per hour
•Apprentices (under 19 or in their first year): £6.40 per hour
Always ensure your advert reflects these rates to adhere to lawful recruitment advertisingand to remain competitive in the job market.
Legal Working Hours
The number of hours required for a role isanother key factor for applicants. A job with fewer than 35 hours per week is classified as part-time, while anything between 35–48 hours is considered full-time.
If your role requires the applicant to work more than 48 hours a week, this is subject to an opt-out clause. Employees over 18 years of age have the legal right to opt out of the 48-hour limit, either temporarily or indefinitely, under the Working Time Regulations 1998.
Equal Opportunities Monitoring
Equal opportunities monitoring is usually part of the application process rather than the advert, but it’s still important. Employers can ask about an applicant’s gender, age, religion, nationality, etc., for monitoring purposes only. This information must not be used in the selection process.
In job adverts, it’s a good idea to include a statement that highlights your company’s commitment to fairness, such as “Our company is an equal opportunities employer.” If certain groups are underrepresented within your organisation, you can take positive action by encouraging them to apply. For instance, “We welcome applications from women and black, Asian, and minority ethnic groups, as they are currently underrepresented in our workforce.” However, it’s important to ensure no bias is shown during the selection process.
At Flat Fee Recruiter, we ensure all our customers’ job adverts are legally compliant, engaging, and well-optimised for search engines. It’s easy to overlook certain elements, especially if your company doesn’t have a dedicated HR department. That’s why we’re here to help.
Additionally, Flat Fee Recruiter is proud to be the first fixed-fee recruitment service to offer the Diversifying.io job board, an exceptional platform for connecting with talent from under-represented communities. By adding Diversifying.io to your campaign, you demonstrate your commitment to diversity and inclusion, ensuring equity throughout your recruitment processes.
National Minimum Wage