{"id":561,"date":"2024-09-17T09:35:36","date_gmt":"2024-09-17T09:35:36","guid":{"rendered":"https:\/\/blog.equalityanddiversity.co.uk\/?p=561"},"modified":"2024-09-17T09:35:36","modified_gmt":"2024-09-17T09:35:36","slug":"ensuring-lawful-and-non-discriminatory-advertisements-ehrc-updates-guidance","status":"publish","type":"post","link":"https:\/\/blog.equalityanddiversity.co.uk\/index.php\/2024\/09\/17\/ensuring-lawful-and-non-discriminatory-advertisements-ehrc-updates-guidance\/","title":{"rendered":"Ensuring Lawful and Non-Discriminatory Advertisements: EHRC Updates Guidance"},"content":{"rendered":"\n

Britain\u2019s equality watchdog, the Equality and Human Rights Commission (EHRC), has announced the release of updated guidance for placing or publishing advertisements. This revision aims to ensure that such adverts comply with the law and do not discriminate against individuals based on protected characteristics.<\/p>\n\n\n\n

Understanding Discriminatory Adverts<\/strong><\/p>\n\n\n\n

A discriminatory advert is one that restricts access to jobs, goods, services, or facilities to individuals with a specific protected characteristic as defined under the Equality Act 2010. Such restrictions are generally unlawful except in extremely limited circumstances where the Equality Act explicitly allows for such exceptions.<\/p>\n\n\n\n

Clarifying Occupational Requirements<\/strong><\/p>\n\n\n\n

One of the key updates in the guidance provides greater clarity around \u2018occupational requirements\u2019 as stipulated in Schedule 9 of the Equality Act 2010. These provisions allow an employer to require a job applicant or employee to possess a particular protected characteristic if it is essential for the role.<\/p>\n\n\n\n

The EHRC has noted that some employers have incorrectly applied these occupational requirement exceptions, especially concerning the protected characteristic of \u2018sex.\u2019 The updated guidance specifies that when an occupational requirement pertains to \u2018sex,\u2019 it refers to a person\u2019s legal sex as recorded on their birth certificate or Gender Recognition Certificate.<\/p>\n\n\n\n

Supporting Compliance and Understanding<\/strong><\/p>\n\n\n\n

The updated guidance is designed to help employers and individuals understand the boundaries of lawful and potentially unlawful and discriminatory adverts. This effort aims to prevent misapplication and ensure that adverts comply with equality laws.
<\/strong><\/p>\n\n\n\n

Statement from Baroness Kishwer Falkner<\/strong><\/p>\n\n\n\n

Baroness Kishwer Falkner, Chairwoman of the EHRC, emphasised the importance of this update:<\/p>\n\n\n\n

“As Britain\u2019s equality regulator, we have a duty to promote and uphold Britain\u2019s equality laws. We recognise the need for clarity regarding the lawful use of the occupational requirement exemptions set out in Schedule 9 of the Equality Act. So, we have taken action to provide it.<\/p>\n\n\n\n

\u201cThose publishing job adverts must be familiar with their obligations under equality law. They can feel confident that our updated guidance will help them to comply with the law.\u201d<\/p>\n\n\n\n

EHRC\u2019s Commitment to Enforcement<\/strong><\/p>\n\n\n\n

Employers should be aware that the EHRC will actively uphold the Equality Act. The Commission will assess and take action on any potential misapplication of Schedule 9 provisions brought to their attention on a case-by-case basis.<\/p>\n\n\n\n

Key Points of the Updated Guidance<\/strong><\/p>\n\n\n\n