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 such claims. The only body empowered to do so, since
