Employers must ensure recruitment complies with equality legislation

The Complainant, who was self-represented, alleged that he was unfairly rejected for a position as an electrician with the ESB, despite previously working there, completing an apprenticeship in 2005, and having 20 years of post-ESB experience. He claimed he had scored highly in his interview, as confirmed by a former colleague on the panel, yet was not selected for any of the four available posts. He contacted the ESB Talent Acquisition Team and was informed that the application pool was highly competitive. However, no explanation was given for why he was unsuccessful, nor were details of successful candidates shared. He believed the only distinguishing factor was his age (47 at the time) and suspected age discrimination or retaliation for a prior Employment Appeals Tribunal claim. The Respondent submitted written arguments and called one witness, the HR Business Partner, to give evidence under Affirmation. The Complainant was given the opportunity to question this witness. No objections were raised regarding the documentary evidence submitted by the Respondent. The Respondent firmly denied any allegation of discrimination.

The Adjudicating Officer found the Complainant, a highly experienced electrician, applied for a role with the ESB in October 2023. Despite a strong interview performance and a past working relationship with ESB, he was not selected. He suspected age discrimination or blacklisting due to a past employment dispute, although no evidence was provided to support either claim. ESB disclosed that one of the successful candidates was also aged 47, undermining the age discrimination argument. The Respondent confirmed no interview questions related to age were asked and that age was not a factor in recruitment. Evidence showed that of 90 hires, ages ranged from 18 to the mid-60s. The Complainant scored well in the interview but was outperformed by others. The WRC found no evidence of age discrimination and dismissed the complaint in full.

Employers should:

1. Ensure that all recruitment processes are conducted in strict compliance with the Employment Equality Acts 1998 to 2015, which prohibit discrimination on nine grounds, including age. To mitigate risk, employers should implement structured, objective interview scoring systems and retain written records justifying recruitment decisions based on merit and business needs.
    
   
2. Ensure recruitment advertisements and job descriptions avoid language that could suggest preference or bias based on age or any other protected ground. Selection criteria must relate strictly to qualifications, experience, and the requirements of the role. Transparency and documentation are critical in defending against potential claims before the WRC.
    
   
3. Facilitate where an unsuccessful candidate seeks feedback; i.e., responses should be clear, factual, and limited to lawful grounds. Employers are not obliged to disclose the personal data of other candidates under data protection law but should be able to show the selection process was fair and non-discriminatory.
    
   
4. Ensure hiring panels are trained on equality obligations. Periodic equality audits and review of internal hiring practices are recommended to maintain compliance with the Acts and avoid unintentional bias or assumptions that could expose the employer to liability. 
    
   

The full case can be found here:
 https://www.workplacerelations.ie/en/cases/2025/april/adj-00052207.html