Understand how to manage recruitment and selection activities lawfully.

About this package

This package examines how discrimination law applies to recruitment, selection and employment, alongside the legal requirements of equal pay. Its main legal framework is the Equality Act 2010 in Great Britain: England, Scotland and Wales. Learners explore why a decision must be assessed against the relevant legal test, rather than simply judged fair or unfair. The content covers protection for job applicants as well as employees, making it relevant from the drafting of a vacancy through to employment decisions and some conduct after employment ends. The discrimination content explains protected characteristics and distinguishes direct and indirect discrimination, discrimination by association or perception, harassment and victimisation. It examines sexual harassment, less favourable treatment following rejection of or submission to unwanted conduct, and the importance of purpose or effect. A dedicated section addresses discrimination arising from disability and reasonable adjustments, showing why applying the same rule to everyone does not necessarily meet an employer’s duties. Learners also consider how discrimination claims are assessed through comparator evidence, statutory defences, occupational requirements and objective justification where permitted. Legal cases illustrate the difference between establishing a legal principle and deciding the facts of an individual claim. This supports closer scrutiny of advertising, shortlisting, interviewing and appointment decisions, as well as an understanding of the remedies available when discrimination is established. The equal pay content moves from contractual entitlements to practical review methods. It covers like work, work rated as equivalent and work of equal value, suitable comparators, material factor defences, remedies, arrears and claim deadlines. Leading cases help learners distinguish a permissible comparison from a finding of unequal pay. The final section explains how to plan an equal pay review, assemble reliable workforce and pay data, investigate differences and recommend corrective action. Together, these topics support informed recruitment and pay decisions backed by evidence rather than assumptions.

Who it’s for

This package suits HR practitioners, recruitment staff, hiring managers and learners studying employment law or people management. Its detailed treatment of legal tests, case law and pay reviews is particularly relevant to those assessing or developing workplace procedures.

What’s covered

1. Discrimination law across recruitment, selection and employment

   Introduces the Equality Act 2010 framework in Great Britain and the people and employment stages it protects. Explains how the reasons, criteria and effects behind a decision determine whether statutory protection has been breached.

2. Protected characteristics and prohibited conduct

   Explains the nine protected characteristics and the different legal tests for prohibited conduct. Covers direct and indirect discrimination, association and perception, harassment, sexual harassment, less favourable treatment connected with unwanted conduct, and victimisation.

3. Disability discrimination and reasonable adjustments

   Examines the statutory definition of disability, discrimination arising from disability and the duty to make reasonable adjustments. Considers evidence of an impairment’s effects and how recruitment or workplace arrangements can disadvantage a disabled person.

4. Defences, occupational requirements and comparator evidence

   Distinguishes evidence used to establish a claim from a defence to that claim. Explores objective justification where permitted, occupational requirements and the role of comparators in assessing treatment.

5. Discrimination cases and tribunal remedies

   Uses relevant cases, including Coleman v Attridge Law, to show how legal principles apply to disputed facts. Explains the distinction between a legal ruling and the final outcome of a claim, alongside remedies for established discrimination.

6. Equal pay principles and contractual entitlements

   Explains equal pay for women and men doing like work, work rated as equivalent or work of equal value. Covers the sex equality clause, suitable comparators and the assessment of individual contractual terms rather than job titles or total earnings alone.

7. Material factor defences to equal pay claims

   Examines what an employer must prove to explain a difference in contractual pay. Focuses on whether the factor is genuine, material and causally linked to the difference, and whether it meets the statutory conditions.

8. Equal pay remedies, arrears and claim deadlines

   Covers declarations of entitlement, correction of contractual terms, recovery of past underpayments and tribunal-ordered equal pay audits. Distinguishes the deadline for bringing a claim from the period over which arrears may be recovered.

9. Applying leading equal pay cases

   Explores how case law informs decisions about comparators, equal work, less favourable terms and material factor defences. Includes Hayward v Cammell Laird Shipbuilders Ltd and the principle of comparing contractual terms individually.

10. Designing an equal pay review

    Sets out how to define a review’s scope, gather current and historical data, compare pay for equal work and investigate disparities. Explains how to record findings and recommend corrective action, and why a pay-gap percentage alone cannot provide the same evidence.

Learning outcomes

By completing this package, learners can:

• Explain the main principles of discrimination law and the protected characteristics relevant to recruitment, selection and employment.
• Analyse recruitment, selection and employment scenarios to distinguish direct discrimination, indirect discrimination, discrimination by association and discrimination by perception, using appropriate comparators where required.
• Assess scenarios involving harassment related to a protected characteristic, sexual harassment, less favourable treatment for submitting to or rejecting unwanted conduct, and victimisation, explaining the significance of purpose or effect in harassment claims.
• Apply the principles of discrimination arising from disability and the duty to make reasonable adjustments to recruitment, selection and employment scenarios.
• Evaluate the availability of statutory defences, objective justification where permitted, and occupational requirements in discrimination claims.
• Analyse relevant discrimination cases to explain how legal principles are applied and determine the remedies available to successful claimants.
• Develop lawful recruitment and selection procedures that address discrimination risks in advertising, shortlisting, interviewing and appointment decisions.
• Explain the legal requirements of equal pay for like work, work rated as equivalent and work of equal value, including the role of comparators.
• Evaluate equal pay claims using relevant case law to assess material factor defences and identify available remedies.
• Design an equal pay review that specifies the data required, compares pay for equal work, investigates pay disparities and recommends corrective actions to ensure legal compliance.

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