Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
When you’re hiring, a clear and attractive job ad can make all the difference. But there’s a line you can’t cross: discrimination. Even a few careless words in an advert can amount to unlawful discrimination under UK law.
Don’t stress - keeping your ads compliant isn’t about being bland. With a few practical tweaks, you can attract the right applicants and stay on the right side of the law. This guide breaks down what counts as discrimination in job adverts, real-world examples to avoid, and easy alternatives you can use straight away.
What Counts As Discrimination In Job Adverts?
Under the Equality Act 2010, it’s unlawful to discriminate in recruitment (including job adverts) on the basis of “protected characteristics.” These are:
- Age
- Disability
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
- Race (including colour, nationality and ethnic or national origins)
- Religion or belief
- Sex
- Sexual orientation
Discrimination can be direct (e.g. “women only”) or indirect (e.g. a neutral requirement that disadvantages a protected group without robust justification). Job adverts are a common place where indirect discrimination creeps in - phrases like “recent graduate,” “native English speaker,” or “able-bodied” can unfairly screen out good candidates and create legal risk.
As the employer, you’re responsible for adverts you publish, whether you write them yourself, ask a recruiter to draft them, or use an online platform with default templates. The safest approach is to focus your ad on the actual skills, experience and outcomes needed to perform the role, and to avoid shorthand or cultural cues that could exclude protected groups.
Discriminatory Job Adverts Examples (And Safer Alternatives)
Here are common discriminatory job adverts examples you should avoid - with compliant alternatives you can adopt immediately.
Age
- Risky: “Young and energetic team seeks dynamic junior,” “Over 5 years post-graduate experience only,” “Recent graduates welcomed (preferred).”
- Why it’s a problem: Suggests a preference for a particular age group. Even “junior” can imply youth unless it refers clearly to role level, not age.
- Compliant alternative: “We welcome applicants at all career stages. This is an entry-level role suited to candidates building their experience. Energy and enthusiasm for customer service are essential.”
- Tip: If the role is truly entry-level, say “entry-level” or “role level 1,” not “young.” If you need a specific skill level, describe it objectively instead of using “post-graduate years.”
Related compliance note: If you’re hiring under 18s, review working time and minimum age rules to ensure your process and wording are appropriate. It’s worth a refresher on UK employment laws for hiring young workers.
Sex And Gender
- Risky: “Barmaid needed,” “Warehouseman,” “Salesman,” “Looking for a strong man to help with deliveries.”
- Why it’s a problem: Suggests a role is for a particular sex. Physical capability can be stated without gendered language.
- Compliant alternative: “Bartender,” “Warehouse Operative,” “Sales Executive,” “Role involves regular manual handling of up to 20kg with appropriate manual handling training provided.”
Disability
- Risky: “Must be able-bodied,” “Clean driving licence essential” (where driving is not actually required), “No health issues.”
- Why it’s a problem: Excludes disabled candidates. You must consider reasonable adjustments.
- Compliant alternative: “This role requires regular travel between client sites. A valid driving licence is essential” (only if truly necessary). Otherwise: “We’re happy to discuss reasonable adjustments to support you through the application and in the role.”
Race And Nationality
- Risky: “Native English speaker,” “British passport holders only,” “Must be European.”
- Why it’s a problem: Can be direct race/nationality discrimination. You can require the legal right to work in the UK but not a specific passport, and you can require communication skills without specifying “native.”
- Compliant alternative: “You must have the right to work in the UK. Excellent written and spoken English required to draft customer communications.”
Religion Or Belief
- Risky: “Christian youth worker,” “Must be willing to work Sunday mornings only” (without considering alternatives).
- Why it’s a problem: Specifies a religion or disadvantages those with certain beliefs unless a genuine occupational requirement applies (see below).
- Compliant alternative: “Youth Worker.” For scheduling, state: “Regular weekend work required with rotas set in advance; we’ll consider reasonable requests for religious observance.”
Pregnancy And Maternity
- Risky: “Not suitable for those with childcare commitments,” “Must be able to travel at short notice with no family commitments.”
- Why it’s a problem: Could discriminate on grounds of sex or maternity.
- Compliant alternative: “Regular travel is required, sometimes with short notice. We’ll give as much notice as possible.”
Sexual Orientation And Gender Reassignment
- Risky: “Must fit a lad culture,” “Looking for a ‘girls’ girl’ for our salon team.”
- Why it’s a problem: Suggests exclusion of LGBT+ candidates or gender stereotypes.
- Compliant alternative: Focus on core skills and culture values like “respectful,” “inclusive,” “collaborative.”
Dress Codes And Appearance
- Risky: “No visible religious symbols,” “Clean-shaven,” “Women must wear heels.”
- Why it’s a problem: Religious discrimination and sex discrimination risks; indirect discrimination is common here.
- Compliant alternative: “Professional appearance required; dress code provided. We’ll consider reasonable adjustments on religious or health grounds.” If you use a dress code more widely, sense-check it against your obligations - our overview of workplace dress codes is a handy companion when reviewing policies and adverts together.
Subtle Phrases That Raise Red Flags
- “Digital native”: age discrimination risk. Use “confident using digital tools” instead.
- “Culturally fit”: vague and exclusionary. Say what behaviours matter (e.g., “collaborative, respectful, open to feedback”).
- “Local candidates only”: potential indirect discrimination. If proximity is essential (e.g., rapid on-site response), explain the business reason or offer relocation support.
Are There Any Lawful Exceptions?
Yes - but they are narrow and must be justified. If you’re relying on an exception, it’s wise to document your reasoning and get tailored advice first.
Genuine Occupational Requirement (GOR)
In limited circumstances, a protected characteristic may be required for the job (e.g., an acting role for authenticity, a role providing personal care where privacy and decency require same-sex assistance). This must be proportionate and linked to the job’s core purpose - not business preference. If you rely on a GOR, explain it factually in the advert and keep records of your assessment.
Positive Action
Positive action allows steps to address under-representation or disadvantage (e.g., encouraging applications from women in a male-dominated sector). It does not allow you to exclude others. At selection stage, a “tie-break” between equally qualified candidates may be permissible. Your advert can state: “We encourage applications from who are under-represented in our team” - but avoid wording that implies a preference unless the tie-break criteria apply and are handled carefully.
Right To Work Wording
You can - and should - require that applicants have the right to work in the UK. Avoid specifying passports or nationalities. “You must have the right to work in the UK” is sufficient.
Practical Steps To Write Compliant Job Ads
Here’s a simple, repeatable way to keep your adverts engaging and compliant.
1) Start With The Job, Not The Person
- Describe tasks, outcomes and deliverables before you describe the “ideal candidate.”
- List essential skills and qualifications objectively (e.g., “Can lift and move items up to 20kg” rather than “physically strong man”).
- Where possible, offer alternatives: “This role is full-time, but we’re open to flexible arrangements.”
2) Sense-Check For Indirect Discrimination
- Scan the advert for words tied to protected characteristics: age-coded terms (“young,” “mature”), gendered job titles, nationality (“native speaker”), or phrases like “able-bodied.”
- If you include a requirement that could exclude a group, can you justify it as necessary and proportionate? If not, remove or reword it.
3) Add An Inclusive Statement That Actually Helps
Instead of a generic line, write something practical:
- “We welcome candidates from all backgrounds. Tell us about adjustments you may need during the process.”
- “We’re open to flexible or part-time arrangements for the right candidate.”
4) Align Your Ad With Policies And Training
Your advert should reflect how you operate internally. An Equal Opportunities or Anti-Discrimination Workplace Policy and a clear Staff Handbook set the tone, help managers, and back up your commitments if challenged. If you adjust your ad wording, update any internal templates too.
5) Keep The Rest Of Your Process Clean
Compliance doesn’t stop at the advert. Make sure the rest of your recruitment flow supports non-discriminatory hiring.
- Interviews: Train interviewers and prepare a question bank to avoid off-limits topics. If you’re unsure what to avoid, review common illegal interview questions and plan lawful alternatives.
- Screening: If you plan vetting, do it lawfully and proportionately. Our guide to free background checks for UK employers covers what you can and can’t do, and when you’ll need consent or a lawful basis.
- Dress and appearance: Align expectations with equality law. If you use a dress code, apply it consistently and build in reasonable adjustments - that’s where a quick check against dress code best practice helps.
- Onboarding: Issue a clear, fair Employment Contract and share your equality and conduct policies early so expectations are transparent from day one.
6) Be Careful With Targeted Ads And Imagery
- When using social or programmatic platforms, avoid narrowing audiences by protected characteristics (e.g., age ranges that exclude older workers).
- Ensure imagery reflects inclusion - a collage of only one demographic can signal exclusion even if the text is neutral.
7) Document Your Reasoning
- If you rely on a requirement that could disadvantage a group (e.g., unsocial hours), record the legitimate business aim and why the requirement is proportionate.
- Retain your advert drafts, sign-off notes and interview scripts in case of a challenge later.
What Happens If You Get It Wrong?
Getting a job advert wrong can be costly. Key risks include:
- Employment tribunal claims: Applicants don’t need to be employees to bring a discrimination claim. Compensation is uncapped and can include “injury to feelings” awards (often assessed using Vento guideline bands), financial losses, and aggravated damages in serious cases.
- Reputational damage: Screenshots travel fast. A discriminatory ad can deter customers and future talent.
- Regulatory attention: The Equality and Human Rights Commission (EHRC) can investigate and require changes to practices.
- Wasted time and money: You’ll likely have to pull and rewrite the advert, re-run campaigns, and spend time on complaints handling.
The good news: most issues are avoidable with a robust template, a quick legal sense-check on tricky roles, and consistent manager training. If a mistake slips through, act fast - remove the ad, correct the wording, and consider publishing a short clarification that your business welcomes applicants from all backgrounds.
Key Takeaways
- Focus adverts on the job, not the person - describe tasks and objective skills rather than using coded phrases like “young,” “able-bodied,” or “native speaker.”
- Watch for indirect discrimination: a neutral requirement that disadvantages a protected group is still unlawful unless you can show it’s necessary and proportionate.
- Use exceptions sparingly and carefully: genuine occupational requirements and positive action exist, but they’re narrow and need proper justification and documentation.
- Make compliance part of your end-to-end hiring process - align your adverts with an Equal Opportunities Workplace Policy, a practical Staff Handbook, lawful interview questions, proportionate vetting, and a solid Employment Contract.
- Train managers and sense-check targeted ad settings - avoid audience filters or imagery that exclude protected groups.
- If in doubt, get advice before you post - a quick review can save a tribunal claim, reputational damage, and significant cost down the line.
If you’d like help reviewing a job advert, refreshing your recruitment policies, or putting compliant contracts in place, you can reach us on 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat.


