EHRC discriminatory advert guidance updated

The equality watchdog, the Equality and Human Rights Commission (EHRC), has updated its guidance for those placing or publishing job advertisements, to help them ensure such adverts are lawful and do not discriminate.

A discriminatory advert is one which restricts jobs, goods, services or facilities to people with a protected characteristic covered by the Equality Act 2010. They are unlawful except in very limited circumstances where the Equality Act specifically allows such a restriction.

The refreshed guidance provides greater clarity around ‘occupational requirements’, under Schedule 9 of the Equality Act 2010, where an employer can require a job applicant or employee to have a particular protected characteristic if it is necessary for the role.

The EHRC is aware of evidence that some employers have incorrectly applied occupational requirement exceptions. There appears to be a particular lack of clarity about the law where the protected characteristic is ‘sex’.

The updated guidance makes clear that where an occupational requirement relates to ‘sex’, the law says this means a person’s legal sex as recorded on their birth certificate or Gender Recognition Certificate.

This guidance will support employers and individuals to understand where adverts are lawful and where they are potentially unlawful and discriminatory.

Baroness Kishwer Falkner, Chairwoman of the Equality and Human Rights Commission, said:

“As Britain’s equality regulator, we have a duty to promote and uphold Britain’s equality laws.

“We recognise the need for clarity regarding the lawful use of the occupational requirement exemptions set out in Schedule 9 of the Equality Act. So, we have taken action to provide it.

“Those publishing job adverts must be familiar with their obligations under equality law. They can feel confident that our updated guidance will help them to comply with the law.

    Read more

    Latest News

    Read More

    Returning new parents are expected to work and deliver the same way they did before

    15 February 2025

    Newsletter

    Receive the latest HR news and strategic content

    Please note, as per the GDPR Legislation, we need to ensure you are ‘Opted In’ to receive updates from ‘theHRDIRECTOR’. We will NEVER sell, rent, share or give away your data to third parties. We only use it to send information about our products and updates within the HR space To see our Privacy Policy – click here

    Latest HR Jobs

    SME #HR #HRJobs #FamilyBusiness. DIRECTOR OF HUMAN RESOURCES – For a Family Run SME. Are you a strategic HR leader ready to shape the future

    To be considered for the role, you must be a highly experienced HR Director with recent education experience. Panoramic Associates is pleased to be partnering

    University of Cambridge – Department of Computer Science and TechnologySalary: £30,505 to £34,866 per annum This provides summary information and comment on the subject areas

    As a result of ongoing international growth, the business is seeking to appoint a UK HR Director, based in UK. Serve as a strategic and

    Read the latest digital issue of theHRDIRECTOR for FREE

    Read the latest digital issue of theHRDIRECTOR for FREE