RECRUITMENT - 24.09.2020

Job ad for “happy” employee banned

The Department for Work and Pensions has banned an employer’s job ad seeking a “happy” employee. It claimed that the word “happy” is unlawful and cannot be used when recruiting. Is this true?

A cut above the rest. Alison Birch (B) runs AJ’s hair salon in Gloucestershire. In September 2020 it was reported that she had contacted her local Job Centre and asked it to advertise a vacancy on her behalf. The proposed ad read: “Part time fully qualified hairdresser, must be confident in barbering as well as all aspects of hairdressing, must have at least 5 years experience working in a salon, after being fully qualified. This is a busy friendly small salon, so only happy, friendly stylist need apply (sic) ”.

A surprise telephone call. Shortly afterwards, B received a call from an employee at the Department for Work and Pensions (DWP) who stated that there was a problem with the ad. In his view, the use of the word “happy” was unlawful because it “discriminated against people who aren’t happy” . As such, a decision had been taken to ban B’s job ad. Is the use of the word “happy” really unlawful?

Protected characteristic. A job ad will generally be discriminatory if it actually or potentially excludes individuals or groups of people with protected characteristics which are defined under the Equality Act 2010 (the Act). However, “unhappy” isn’t a protected characteristic under the Act so the DWP was wrong to say that the use of “happy” was unlawful.

Best practice. It’s possible that the DWP was confused over best practice advice which says that employers should avoid using any words in job ads which might have the effect of excluding those with protected characteristics. For example, unhappiness can be a symptom of depression. Depending on its severity, depression can amount to a disability which is a protected characteristic under the Act.

Tip. When you’re drafting job ads, it’s safer to only list the skills, experience, knowledge and qualifications which are genuinely required for the role. Where possible, avoid descriptive words, particularly those that could be misconstrued.

It’s not unlawful to use the word “happy” in a job ad but it’s best practice to avoid descriptive words. Only list the skills, experience, knowledge and qualifications that are genuinely required for the job role.

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