Writing a job advert

Employers write a job advert to find someone new. The wording of the advert, and the places it appears, both come under the law on discrimination.

Why advertise at all

These notes cover England, Scotland and Wales, where the Equality Act 2010 applies.

Acas, the workplace advice service, says the law leaves it to the employer whether to advertise a job. It still calls advertising a good idea. An employer who advertises is less likely to discriminate by accident, and more likely to hear from a wider range of suitable people.

Some organisations have a written recruitment policy. Acas says an employer with one must apply it in the same way to everyone.

Words an advert must not use

Under section 39 of the Equality Act 2010, an employer must not discriminate in the arrangements it makes for deciding who to offer a job to. Acas says this law applies when an employer advertises, interviews and decides on new staff.

Acas says an employer must not ask for, or exclude, anyone with a protected characteristic. The nine characteristics are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

Acas gives examples of wording that could discriminate:

Acas describes a narrow exception called an occupational requirement. The characteristic has to be essential to the main tasks of that one role, and the employer has to be able to justify it. Acas also says an employer can advertise specifically for a disabled person.

Questions about health

Section 60 of the Act says an employer must not ask an applicant about their health before offering them work. Acas says the employer can ask once it has offered the job, or has picked the person for a group of potential candidates.

The Act allows a few questions, for example to plan adjustments for an interview or test, or to monitor the range of people applying. Acas adds that a monitoring form must be kept apart from the application form and CV.

What to tell applicants

Acas suggests giving people who ask about the role a job description, an application form, a person specification, some information about the organisation and an equality monitoring form.

It also suggests telling applicants early on what they will need to provide. That might be proof of their right to work in the UK, a reference, or a health check before starting work.

Acas says an employer must tell applicants how it will use their personal information.

Pay in the advert

The government's Office for Equality and Opportunity suggests including pay information in job adverts. It also suggests saying whether pay is open to negotiation. It points to evidence that women may be less likely to negotiate pay unless an employer makes clear that it is negotiable.

Agencies have a rule of their own. Under regulation 27 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003, an advert from an agency or employment business must give its full name and say whether each role is temporary or permanent. When the advert gives rates of pay, it must also state the type of work, where it is, and the minimum experience, training or qualifications needed for that pay.

Where to place it

Acas suggests advertising in at least two different ways or places, such as a newspaper and a jobs website. It warns that an online advert might only be seen by certain groups of people. An employer who advertises only on social media could miss applicants who do not use it.

The government's Find a job service lets employers advertise and manage vacancies. It covers England, Scotland and Wales. Northern Ireland has its own service.

Before the new person starts

GOV.UK says an employer must check that an applicant is allowed to work in the UK before employing them. An employer who takes on someone without that right, and has not made a correct check, could face a civil penalty.

The same guidance says an employer must not discriminate against anyone because of where they are from.

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