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Habashi v The Crown Prosecution Service - Errors in recruitment process do not automatically equate with discrimination [2011] EAT

Making errors during a recruitment process, or on occasion failing to apply prescribed criteria correctly, will not in itself lead to a finding of racial or religious discrimination if it is apparent that the selection process was not in any way influenced by either. In other words, the employer must not discriminate, but it is not required to be "perfect" in all respects.

Ms Habashi, of Arab ethnic origin and Muslim by religion, was employed by the CPS. She was one of 48 applicants for the post of Head of Equality and Diversity for the CPS in London. All applications were subject to an initial paper sift by a panel, and then a second more detailed consideration of the applications by a panel established those to be interviewed. Ms Habashi did not make it through the second sift and was not selected for interview: she had not met the competencies stipulated to the required standard.

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