A new code of practice is coming into play on April 6 that should have employers reviewing their recruitment processes to ensure they’re avoiding unlawful discrimination.
All employers in the UK have an obligation to prevent illegal working by conducting a right to work check on potential employees. Organisations must also ensure they do this consistently and fairly, and do not base their decisions to carry out checks on assumptions about an individual’s appearance, accent or country of origin.
Employers should carefully consider at what stage in the recruitment process they carry out right to work checks, as they otherwise risk exposing themselves to employment tribunal claims for unlawful discrimination. Experts have suggested that best practice is to verify the right to work towards the end of the selection process to ensure that hiring decisions are based on merit alone.
This is particularly important as research suggests that less than a third of black, Asian and other ethnic minority candidates believe they are treated fairly by the recruitment agencies that act as talent scouts for many organisations.
A survey last year of more than 24,600 people by Business in the Community (BITC) found that just 30 per cent of ethnic minority candidates believed they were dealt with equitably by agencies, compared to half of white candidates.
Looking specifically at black respondents, 34% believed they were treated fairly, down from 38% in 2018. That compared to a six percentage point increase among white jobseekers during the same period.
This is despite the fact that those from a Caribbean (71%) or African (67%) background were significantly more likely than their white counterparts (47%) to use a recruitment agency as part of their job hunt.
Such data is a concern for the sector, which should be leading the way in doing right by candidates. It also suggests that some agencies could be putting their business at risk by alienating those most inclined to use their services.
The new draft code, which follows the abolition of the resident labour market test (RLMT) in December 2020, includes a new guidance on how to balance the conflict between the prevention of illegal working and unlawful discrimination. While every employer should already be adhering to the 2014 code of practice, this new section within the updated version should prove helpful in further levelling the playing field for those who suspect that the hiring system is rigged against them.