Can an employer stipulate in their recruitment and selection policy that they will not consider candidates that are family members or relatives of current employees, even by affinity? Does this contravene with discrimination legislation i.e. marital & family status?
Posted in : First Tuesday Q&A ROI on 1 September 2015
Elaine Mettler
Arthur Cox
Although it is not common practice in Ireland for an employer to stipulate in a recruitment and selection policy that it will not hire family members or relatives of current employees, there is no issue legally with doing so. There is however always a risk that a candidate refused an interview/employment on this basis may bring a claim under the Employment Equality Acts 1998 – 2011 (the “Equality Acts”).
The Equality Acts provide that a person may not be discriminated against on grounds of gender, civil status, family status, sexual orientation, religion, age, disability, race/colour/nationality/ethnic origin or membership of the Traveller community.
As the protection conferred by the
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Back to Q&A's This article is correct at 01/09/2015
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Elaine Mettler
Arthur Cox
The main content of this article was provided by Elaine Mettler. Contact telephone number is +353 1 618 0000 or email elaine.mettler@arthurcox.com
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