Application forms

Staff application forms

Using a job application forms allows employers to:

• Frame questions to discover applicants' skills and competencies in a consistent format
• Treat each applicant in the same way, minimising the risk of being accused of discrimination or unfair treatment
• Ensure that any personal questions asked are compliant with all applicable laws.

Acceptable questions

All the information sought should be relevant to the role. The form should require all applicants to provide certain information, such as:

• Their full name and contact details
• Whether or not they have a right to work in the UK or require a work permit
• What reasonable adjustments may be required for them if they have a disability (as defined under the Equality Act 2010) so that appropriate steps can be taken to help them at an interview
• Details of their education and qualifications (name of the academic institution, the course and grade, but not dates of when they obtained it)
• Details of their employment history, including the name and address of the previous employer(s), but again without asking for dates

You should ensure that all applicants are asked the same questions (with appropriate reasonable adjustments being made if they have a disability) and have set internal standards for fairly assessing the replies based on what's specifically required for the job (without making any assumptions or any direct or indirect discrimination or bias).

You can read more about discrimination here.

Unacceptable questions

Criminal convictions

You shouldn't ask an applicant if they have any criminal convictions in an application form, for reasons of confidentiality and data protection.

However, before you hire someone for a role, you may need to do a criminal record check. For certain roles, criminal record checks are legally required. See Criminal record checks, for more information.

Health

In England, Wales and Scotland, the Equality Act 2010 outlaws asking questions relating to health or disability and the use of health questionnaires before a job offer is made, unless it's being used to:

• Determine whether any reasonable adjustments need to be made for an applicant during a recruitment process
• Determine whether an applicant can undertake a function that is vital ('intrinsic') to the job, such as enquiring about any mobility issues where the job entails handling heavy goods
• Monitor diversity among the applicants, such as enquiring whether an applicant is disabled in order to establish whether advertisements are reaching disabled people
• Take positive action to assist a disabled person
• Establish that the applicant has a disability where having a disability is an occupational requirement of the job

Otherwise, the Equality Act allows employers to make an offer of employment that's conditional upon receiving a satisfactory medical report/health questionnaire.

Discrimination

You shouldn't normally ask a question that could be directly or indirectly discriminatory.

However, in England, Wales and Scotland, the Equality Act 2010 allows employers to recruit individuals who have a protected characteristic (race, age, sex, sexual orientation, marital or civil partnership status, gender reassignment, pregnancy and maternity, disability or religion or belief) in the following circumstances:

1. Positive action: It's lawful for employers to take positive action when recruiting (and making internal promotions) in order to overcome a disadvantage connected with a protected characteristic or where the inclusion of people with the protected characteristic in a particular activity (role) is disproportionately low. You'll be able to take positive action where all the following apply:

• There are 2 equally qualified candidates to choose between
• You do not have a policy of treating people with the protected characteristic more favourably
• Positively discriminating is a proportionate means of achieving a legitimate aim.

The Act does not require employers to take positive action - it's voluntary.

2. Sometimes a job will require an applicant of a particular sex, ethnic or national origin, age, religion/belief or sexual orientation. As long as this is a genuine requirement or qualification for the job, then it will not be unlawful to discriminate against other applicants. If you are considering doing this, consider getting legal advice first.

Regarding age, you should avoid asking for anything that may directly or indirectly relate to their age. If you believe that this information is necessary, consider asking the applicant for a copy of their CV. However, even if the applicant voluntarily provides age-related information, this should not be used as a basis of any decision and should be ignored, unless there is a lawful reason for discriminating on the grounds of an applicant's age.

Remember that age discrimination can apply to young applicants as well as older ones.