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Are comments made about not recruiting someone who is homosexual contrary to EU law – even if there is no recruitment process ongoing?

In this episode of the podcast I bring you the Judgement from a European Case which provides an interesting look at what happens if someone makes comments outside of the context of recruitment and employment but which are negative to the LGBTI community and in turn would put off applicants in the future.

In this episode I will cover:

  • A background to the law.
  • The facts of the case.
  • Why business owners and HR professionals need to be cautious of comments they make about those with ‘Protected Characteristics’.
  • Why the Court of Justice of the European Union took the decision they did in this case.

Action Points

  1. Ensure any spokespersons or senior people in your business have training on the equality act and discrimination principles.
  2. Ensure that all staff understand the impact of making public statements in any form, radio, TV, social media etc which are discriminatory.
  3. Create a culture which is fair and reasonable and within which equality is promoted.
  4. Have a written policy in place setting out your approach to equality.
  5. Seek advice if you are unsure.


NH v Associazione Avvocatura per i diritti LGBTI 

The Equality Act 2010

Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.

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The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

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