Yesterday the Committees of Advertising Practice – the body responsible for regulating advertising in the UK – launched a public consultation on a new rule to tackle harmful gender stereotypes in ads, as well as on guidance to advertisers on how the new rule is likely to be interpreted in practice.

The consultation proposes the introduction of a rule to ensure advertisements do not include gender stereotypes that are likely to cause harm, or serious or widespread offence to the ad codes, which will cover broadcast and non-broadcast media.

Commenting on what the proposal means for agencies, Jasmine Chadha, solicitor in the employment team at law firm Royds Withy King, told Recruiter: “Recruitment agencies need to be very mindful of the content of their job adverts and marketing material especially in light of the ASA’s recent findings. Gender stereotyping in adverts labels the employer as one that holds discriminatory views, regardless of the reality.

“If the rules come into force, the ASA [Advertising Standards Authority] will in all likelihood impose a range of sanctions for violations, including requiring marketing material to be vetted before publication, the removal of adverts from advertising space or naming and shaming the agency on the ASA website.

“The consequences of such breaches will ultimately hit the bottom line, namely withdrawal of business and inability to attract candidates.”

Dr Sybille Steiner, partner at law firm Irwin Mitchell, adds: “It is not yet clear what type of penalties might be imposed for breaching such rules, however the Equality Act 2010 does make it unlawful to discriminate on the grounds of sex.

“Recruitment agencies must therefore ensure that their job descriptions and advertisements are not discriminatory. This could be achieved, for example, by using gender neutral job titles (such as ‘firefighter’ instead of fireman) and carefully reviewing language and imagery to ensure they are not geared towards a particular sex. In this respect undertaking training on sex discrimination or on unconscious bias will also prove invaluable.”

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