header-logo header-logo

23 October 2008
Issue: 7342 / Categories: Features , Employment
printer mail-detail

Centrum's impact

Does Centrum mark the end of discriminatory advertising? Chris Bryden and Michael Salter report

The past 30 years have seen employment legislation enact an important shift away from discrimination on the basis of race, sex, disability, age and other such differentials towards an ideal of equal treatment. While anti-discrimination legislation is often utilised where a person is treated less favourably in the course of their employment, it applies equally in situations pre-employment so as to ensure that recruitment processes are also free, so far as possible, from discrimination. In a recent case the European Court of Justice (ECJ) has restated the position in respect of discriminatory advertisements.
Adverse advertising

Employment legislation in England and Wales therefore prohibits the advertising of a job that indicates, or might reasonably be understood as indicating, an intention to discriminate on the basis of colour, race, nationality or ethnic or national origins: ss 29 and 3(1) of the Race Relations Act 1976 (RRA 1976). The enforcement of such a prohibition falls within the remit of the employment tribunal, but individuals may not bring

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Haynes Boone—Louise Woods

Haynes Boone—Louise Woods

Haynes Boone expands global capabilities with addition of Louise Woods as chair of international disputes

DWF—John Gilfedder

DWF—John Gilfedder

DWF strengthens Global Risks practice with strategic hire of aviation partner in London

Shakespeare Martineau—10 newly qualified solicitors

Shakespeare Martineau—10 newly qualified solicitors

Shakespeare Martineau appoints newly qualified solicitors

NEWS
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
back-to-top-scroll