The general rule under British law is that, save in specified situations such as cases which involve the possibility of sex, race, disability or trade union related discrimination, an employer can lawfully refuse to employ a job applicant for any reason whatever.

For exceptions to the general rule see as appropriate notes at:

• Criminal law aspects/Rehabilitation of Offenders Act/a general note

• Criminal law aspects/vetting of job applicants

• Disability Discrimination/Disability Discrimination Act 1995/a general introductory note

• Maternity/refusal of job applicant

• Racial discrimination/workers covered by race discrimination rules ,

• Sex discrimination/workers covered by sex discrimination rules

• Sex discrimination/recruitment

• Trade union matters/refusal of employment for TU membership reasons

There are also, of course, situations in which it is unlawful to employ a person (see for example notes at Children and young persons/vetting job applicants ).

There is no general duty on an employer to advertise job vacancies. The EAT has ruled that neither the Sex nor the Race Discrimination legislation impose a specific duty to advertise a post although a failure to advertise might be taken into account in appropriate cases (see Coker & Osamor v The Lord Chancellor, Lord Irvine CA 2001 ICR 507, EAT, later confirmed by the Court of Appeal).

ACAS publish a useful booklet, available on the internet, called Recruitment and Induction. This includes an Induction checklist (at Appendix 3). There is also relevant general information in the "People" section on the government's business advice on line service.

See also notes at Apprentices and/or References for former employees and/or Sex discrimination/advertisements and/or Racial discrimination/advertisements and/or Disability Discrimination/advertisements and/or Data protection/retention of documents .