Hiring an employee

The Employment Appeal Tribunal (EAT) has ruled that an individual cannot bring a discrimination claim based on an advertisement for a job they had no interest in taking. There can be no discrimination where the advert has not had any impact on the claimant. In this case, the claimant would not have applied for the job in question anyway, so could not say the allegedly discriminatory wording had deterred them from applying. 

Businesses should, however, be aware that a genuine deterred applicant will still have a claim. They must therefore be careful to avoid using discriminatory wording when drawing up job adverts. For example, language that might imply only someone of a certain age would be suitable for the job (such as "mature", "experienced" or "young") should be avoided.

Click here to read our checklist that highlights the key issues businesses should consider when recruiting new employees. 

For further information, please contact our Employment Law Team.

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O'Neill Patient Solicitors LLP
Chester House, 2 Chester Road, Hazel Grove,  Stockport, Cheshire, SK7 5NT


0161 694 3000 / 0161 483 8555




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