Recruitment agencies found to be discriminating against jobseekers on the grounds of religion or sexual orientation risk costly court battles.

New legislation that comes into effect from next Monday outlaws discrimination on the grounds of sexual orientation and religion.

The rules prevent discrimination on the grounds of homosexuality, heterosexuality or bisexuality.

The only exemption is where the employer is an ‘organised religion’ – meaning churches can legally discriminate against gay priests.

It will also be illegal to discriminate against anyone on the grounds of religion, religious beliefs or philosophical beliefs.

Only where there is a genuine requirement for being of a certain religion is discrimination allowed.

Adrian Marlowe, managing director of recruitment law specialist Lawspeed, warned recruiters that candidates who felt discriminated against could ask to see interview notes under the Data Protection Act.

Any recruiter caught using discriminatory language could then end up in an employment tribunal.

“The problem is the cost of a claim, whether or not the aggrieved person is wrong or right,” Marlowe said.

Employees exhibiting prejudices should be warned against displaying them in interviews, he added.

“Some people are prejudiced without realising it and often think others share those prejudices. It is very important that these views are not heard in interviews, or indeed in the workplace itself.”