First of all Data Protection Act 1998 has specific requirement in terms of recruitment and selection process. The Act requires the information collected from applicants are relevant to employment and the information need to be treated as confidential which only the accessible to who are relevant (home manager, Human resource etc.). In addition all information about candidate need to make available for them to access at their request, which including shortlisting notes, interview notes, notes on tests and references. Because there is a trend …show more content…
Namely if the employer reasonably think a candidate with a protected characteristic is under-represented in the workforce, or suffer a disadvantage connected to that protected characteristic, providing that candidate is equally merit to another candidate. For example, if the home manager has to make a choice over two candidates for carer position, one is male and other one is female. The home manager knows the fact that 95% of the carers are female in the home and there are few residents who prefer to have male carer to assist with personal care, home manager can take positive action to offer the position to the male candidate. The decision only can be justified if both candidate have achieved the same score at the interview stage. It would be unlawful direct discrimination against the female candidate if she has higher score than the male candidate. However, employers need to be aware that the positive action provision is a voluntary approach, they are obliged to use positive action in the process of recruitment and