Study reveals gap in businesses’ understanding of recruitment law

UK businesses are being urged by the Equality and Human Rights Commission to ensure fair treatment in recruitment, after research into employers’ knowledge and attitudes reveals misunderstanding of the law on advertising jobs.

The new research by the Commission reveals that employers see both UK and foreign-born workers as productive, motivated and hardworking. However, a slightly higher proportion of employers felt more positively towards foreign-born workers in terms of their work ethic and flexibility, and that they were less likely to think about the impact of work on their benefit payments before taking a job.

Importantly, the research found very little evidence of discriminatory practices or preferential treatment in recruitment decisions. However, only 39% of businesses surveyed knew that it is against the law to advertise jobs in Britain exclusively in a foreign language, unless the ability to speak that language is a genuine requirement of the job.

Less than half of workplaces (45%) knew that employers must check that all job applicants have a right to work in the UK before employing them, irrespective of their place of birth. More than one in 20 employers (6%) thought it was legal to offer foreign-born workers less than the minimum wage and almost one in ten (9%) believed it was lawful to pay foreign-born workers different rates from British ones. 

David Isaac, Chair of the Equality and Human Rights Commission, said: “Employees born outside the UK make a significant contribution to our economy and many businesses rely on them as part of their workforce.

“Our research shows that, regardless of the value placed on both UK and foreign-born workers, some prejudices do exist and there are misunderstandings about employment law that could lead to discriminatory recruitment practices. We need to guard against negative attitudes and stereotypes creeping in, and continue to ensure that the best person for the role should be given every opportunity to show how successful they can be.”

The research was carried out following concerns that recruitment methods were not always fair. The Commission will be writing to leading business organisations to remind them of their responsibility to ensure a level playing field in recruitment.