What England's advertising rules mean for employer branding campaigns

What to take away

The rules have stayed steady, but the risk has moved from job ad wording to targeting, talent pools and automated screening.
The Equality Act 2010 is the main constraint on recruitment advertising in England, and it applies from the first job post.
The ASA and CAP treat recruitment ads as advertising, and UK GDPR requires a lawful basis for candidate details in a talent pool.
A dated written record of claims, targeting and approvals is what protects you if a complaint arrives.

Check the wording against the Equality Act 2010

Start with the words a candidate sees. The Equality Act 2010: guidance sets out the protected characteristics that apply to employment, including age, disability, race, religion or belief, and sex. An ad implying a preference for younger applicants, or describing a role as suited to one sex, risks indirect discrimination.

Equality Act ad wording check

Avoid age-coded phrases like 'young and dynamic'
Avoid wording suited to one sex
Only require a licence or degree if essential
Justify any genuine occupational requirement
Write ads around tasks and outcomes

The duty runs through the whole application process. If you ask for a driving licence or a degree when neither is essential, you may screen out disabled or older candidates without justification. A requirement is only defensible if it is a genuine occupational requirement for the role.

Review every culture claim too. Phrases such as "recent graduate" or "energetic team" can suggest an age preference unless the requirement is objectively justified. "Must be physically fit" can deter disabled candidates unless the requirement is objectively justified.

Write job ads around tasks and outcomes rather than the person. Our UK rules and compliance guide for 2027 covers the wider accountability duties.

Apply the CAP Code to recruitment advertising

The ASA regulates recruitment ads as advertising. Its advice for businesses page sets out the CAP Code rules on misleading claims, comparisons and substantiation. A careers site claim of "top 10 employer" needs evidence from a named, dated survey.

CAP Code compliance steps

Substantiate every claim with named, dated evidence
Keep a record of each claim and its evidence
Check paid social and programmatic targeting
Avoid targeting that excludes older workers
Avoid showing a role to only one sex

Keep a record of each claim and its evidence. Employee testimonials need consent and must not mislead about pay.

Get the lawful basis right for talent pools

A talent pool is personal data processing. Before you add a candidate to a CRM or send future role alerts, you need a lawful basis.

The ICO's lawful basis guidance explains consent, legitimate interests and the other options, and notes that consent must be freely given, specific and easy to withdraw. The ICO's employment information guidance explains retention and subject rights for worker data.

Consent is rarely the right basis for a talent pool, because candidates cannot freely refuse. Legitimate interests or pre-contractual steps are usually stronger, but you must document the balancing test. Set a retention period and state it in the privacy notice, not a footnote. Unsolicited marketing emails to individuals normally need consent under the Privacy and Electronic Communications Regulations.

Employer duties beyond advertising

GOV.UK's employ people hub covers right-to-work checks, written statements and pay rules. These duties shape what you can promise in employer branding. If an advert offers "flexible working from day one", check it against the written statement and any agreed policy.

Table: situation, choose, avoid

Situation, choose, avoid

Choose

Writing a job ad for a role open to all: Task-based description and essential criteria
Running a paid social campaign: Broad targeting with documented exclusions
Adding candidates to a talent pool: Consent or a recorded legitimate interests test

Avoid

Writing a job ad for a role open to all: Age-coded phrases such as "young and dynamic"
Running a paid social campaign: Excluding older age brackets or one sex
Adding candidates to a talent pool: Adding candidates without a lawful basis

Document your disclosure and review process

Employer branding ads make claims about pay, progression and culture. Keep a short disclosure note for each campaign recording the claim, evidence, audience, data basis, approver and date.

Our guide to an employer branding disclosure policy in England explains how to structure that record. Pay-gap and ethnicity pay disclosures are part of that record. A public commitment needs an owner and a review date.

Review adverts every six months and after any policy change. Assign one owner for legal sign-off and one for data sign-off. Where a decision is finely balanced, take advice from a qualified employment lawyer or data protection adviser. This is general guidance only.

Common questions

Do the Equality Act 2010 rules apply to employer branding ads as well as job posts?

Yes. The Act covers employment advertising and the ASA treats recruitment ads as advertising, so any ad implying a preference based on a protected characteristic can be challenged.

Can I add candidates to a talent pool without consent?

Sometimes. Consent is one lawful basis, but legitimate interests can apply if you record the balancing test and offer an opt-out. The ICO guidance sets out the conditions for each.

Does this apply across the UK?

The Equality Act 2010 applies in England, Scotland and Wales. Northern Ireland has separate equality legislation, so campaigns running there need a separate check.