We will not accept discriminatory adverts, unless you are able to satisfy us that the advert is not unlawful. A discriminatory advert will be lawful where an occupational requirement genuinely applies that justifies the discrimination.
Therefore, where your advertisement states or implies that a “protected characteristic” may be relevant to whether or not someone is appointed to the role, we will need confirmation from you that you have considered your legal obligations and that you are satisfied that the advert is lawful. We will also require a brief explanation of your reasoning (for example that, based upon legal/professional advice you have received, you are satisifed an occupational requirement applies).
If you are unsure whether you can provide that confirmation, and need assistance to assess your advertisement please contact our support team, who will be happy to assist you.
The protected characteristics under the Equality Act 2010 are:
- Religion/belief (for example, requiring someone to be a Christian, or a particular denomination)
- Sex (for example, requiring someone to be male)
- Marriage/civil partnership status (for example, requiring someone to be unmarried or not in a civil partnership – NB it is lawful for an advertisement to require someone to be married/in a civil partnership)
- Sexual orientation (for example, requiring someone to be heterosexual)
- Gender reassignment (for example excluding an applicant who has expressed the intention to undergo gender reassignment)
- Age (for example, seeking someone within a particular age bracket)
- Disability (for example, indicating that the applicant needs to be able-bodied)
- Race (for example, seeking someone of a specific ethnic origin or racial heritage)
- Pregnancy/maternity (for example, seeking someone who is above child-bearing age)
Where you are unable to provide this confirmation, or if we are not satisfied from the information you provide that the advert is lawful, we regret that will not be able to accept the advert.