The Employment Appeal Tribunal has referred a race discrimination case back to a fresh tribunal after concerns about the assessment of unconscious bias in the initial judgement.
Background
Dr Jones passed the initial sift stage of the recruitment process, scored the second highest at the interview stage, but wasn’t appointed the role. The successful candidate was white. Dr Jones is black.
Dr Jones argued that the successful individual shouldn’t have passed the initial sift stage as they didn’t have the required qualifications or relevant experience. The EAT found there were factual errors about the successful candidate’s experience, raising concerns that unconscious bias and subjective judgements may have played a part in who secured the role. The case has been referred back to a fresh employment tribunal.
Practical takeaways
Subjective sifts – even informal judgments at early stages of the recruitment process (e.g. CV reviews or experience assessments) can carry risk of bias, especially if your assessment criteria isn’t well documented or applied consistently.
Transparency matters – if a candidate progresses despite not clearly meeting the stated requirements for the role, be ready to explain why, and ensure the same logic is applied consistently to all applicants.
Challenge assumptions – even well-meaning hiring managers can unconsciously favour candidates who “feel like a better fit.” Regular training and clear assessment criteria help reduce the risk of decisions being influenced by bias (unconscious, or conscious).
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This update is accurate on the date it was published but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
