There are a number of ways in which you can choose to advertise a vacancy. You may decide to recruit internally, rely on word of mouth, use newspapers, magazines, internet job sites or use a recruitment agency.

Which method you choose may ultimately depend on the costs involved. However, the methods that are likely to cost less, ie relying on word of mouth and internal recruitment, increase the risk of an indirect discrimination claim being pursued, as you may find you have a very narrow group of potential applicants. The wider you cast the net, the more likely you are to encourage a diverse range of applicants and reduce the risk of a complaint being made.

When preparing the wording of the advertisement, be careful not to use language that may be discriminatory. Referring back to the job description and person specification you have prepared will help reduce the risk of inappropriate language being used. It is worth remembering that language can often be interpreted differently by different people.

For example, you might say that the ideal candidate should have a “mature outlook” as the role has a lot of responsibility. You may actually mean that you want someone who is levelheaded and therefore able to cope with the responsibility of the role and the pressure that goes with it. However, the use of “mature outlook” may discourage younger people from applying and could seem as if your selection criteria are discriminatory.

In order to prevent mistakes being made inadvertently, have someone review the wording for you. This would preferably be someone with HR experience, but, if not, approach someone from outside the business to gauge what his or her first impression of the job advertisement is.

If you decide to use a recruitment agency, you should ensure that your instructions to the agency are clear and non-discriminatory. You are liable for the agency’s actions, to an extent, as instructing or knowingly helping an agency to commit an act of discrimination can result in you being found liable should a complaint be made.