Relying on social media in recruitment could expose you to a discrimination claim.

Employers should aware of the risk of researching candidates on social media resources exposing them to potential discrimination claims. Referring to information in the public domain, posted by the candidates themselves, may seem like a harmless exercise. However, the information gained via social media will far exceed the personal information requested in the recruitment exercise.

For example, an employer can gain an insight into a candidate’s sexual orientation, age, race etc which are all protected characteristics under the Equality Act 2010. A disgruntled prospective employee could raise allegations of discrimination in that the reason they weren’t offered the role was because of a protected characteristic. Employers are strongly recommended to keep a clear and transparent record of their reasons for progressing or rejecting candidates to ensure that they can overcome any allegations of discrimination.

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