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Avoiding discrimination in recruitment and onboarding: A practical guide for employers

Charlotte Wallage

Solicitor in Employment Law and HR Services

Avoiding discrimination in recruitment and onboarding: A practical guide for employers

Under the Equality Act 2010, employers in the UK must ensure recruitment and onboarding processes are fair, inclusive, and free from bias.

Charlotte Wallage, solicitor in the Employment team at Wake Smith, outlines key legal obligations and best practices to help employers navigate these responsibilities effectively.

This article covers:

Legal Framework
Recruitment: Advertising and Applications
Selection and Interviewing
Onboarding and Induction
Embedding Equality into Culture
Benefits of Compliance
Summary Checklist
Your next move?

Legal Framework

The Equality Act 2010 protects individuals from discrimination based on nine protected characteristics:

Age
Disability
Gender reassignment
Marriage and civil partnership
Pregnancy and maternity
Race
Religion or belief
Sex
Sexual orientation

Discrimination can be direct, indirect, harassment, or victimisation. Employers must take proactive steps to prevent all forms of discrimination not only during the course of employees’ employment, but also during recruitment and onboarding processes.

Charlotte added: “As well as protected characteristics, employers should also consider diversity of other characteristics such as socioeconomic background.

“Set out below are some practical actions employers can implement to make the recruitment and onboarding processes more inclusive.”

Recruitment: Advertising and Applications

Inclusive Job Adverts

Use neutral language that focuses on skills and experience.
Avoid terms that imply bias (e.g., “young and energetic” or “native English speaker”).
Ensure job adverts are accessible and distributed across diverse platforms to avoid adverts only appearing in venues that exclude certain audiences.

Application Forms

Do not request information about protected characteristics unless legally required to do so (e.g., for diversity monitoring).
Keep monitoring forms separate from the selection process and ensure that those interviewing or making hiring decisions don’t have access to them.
Avoid questions about health, disability, or criminal convictions unless relevant under certain exceptions (set out below).

Exceptions include:

Finding out whether you need to make reasonable adjustments during the interview process (e.g., video applications, providing interview questions in writing, holding the interview at a particular time of day);
Finding out whether, once reasonable adjustments have been made, the candidate could carry out the essential parts of the job role;
Confirming if someone has a disability because you are using the disability exception for recruitment;
Taking positive action using protected characteristics to help an underrepresented group.

Selection and Interviewing

Fair and Consistent Process

Use structured interviews with standardised questions.
Apply objective criteria to assess candidates.
Consider a skills-based assessment which mirrors the role of the job being applied for.

Reasonable Adjustments

Make necessary accommodations for disabled applicants (e.g., accessible venues, assistive technology, longer interview time).
Engage in open dialogue to understand and meet individual needs.

Right to Work Checks

Conduct checks consistently across all applicants to avoid indirect race discrimination.
Follow the Home Office Code of Practice to ensure compliance.

Onboarding and Induction

Accessible Onboarding

Provide materials in multiple formats (e.g., large print, digital).
Ensure new hires understand company policies on equality and diversity.

Training and Support

Train managers on discrimination, company EDI policies and how to handle reasonable adjustments.
Offer support networks or mentors to help new employees integrate.

Grievance Procedures

Establish clear channels for reporting discrimination.
Follow Acas guidance on handling complaints fairly and promptly.

Embedding Equality into Culture

Develop and communicate an Equal Opportunities Policy – where possible, this should be developed in consultation with staff or representatives.
Monitor recruitment data to identify and address disparities.
Provide ongoing training to staff on unconscious bias, discrimination and inclusive practices.

Benefits of Compliance

Legal protection: Reduces risk of claims under the Equality Act 2010.
Team diversity: Attracts candidates from varied backgrounds, promoting inclusivity and enhancing performance.
Employer brand: Demonstrates fairness and integrity—strengthens reputation in the job market.

Summary Checklist

Stage

Key Actions

Job Advert

Use neutral language; advertise widely; follow right-to-work rules

Application

Don’t solicit protected information; separate monitoring forms; avoid questions regarding health, disability or criminal convictions

Interview

Objective and skill-based interviews; reasonable adjustments; consistent right to work checks

Onboarding

Ensure accessible materials; train managers; clear grievance procedures

Policy and Review