The warning follows a tweet from Fairyhill, a Gower-based wedding venue advertising for “slightly OCD” [obsessive compulsive disorder] staff.

WalesOnline reports the tweet has been met with disgust by mental health campaigners. For its part, Fairyhill has since apologised saying it did not understand the true meaning of the condition and its effects, and should have been more ‘conscious’, adding they have now pulled all reference to the ad with immediate effect, while a new advert will be released.

Matthew Potter, partner at law firm Howes Percival, told Recruiter in this example it was actually a positive request for somebody with what might potentially be deemed to be a disability under the Equality Act.

“If the advert had said those with OCD need not apply then there would have potentially been a breach of the Equality Act. It is only those adverts that potentially restrict jobs, goods and services to people with a protected characteristic that are at risk of being unlawful – for example, men only need apply; young and dynamic applicants etc. – unless there is a genuine reason or justification for discrimination.

“Any advert should also be viewed as a whole and with an element of common sense. The recent example of the wedding venue showing a not quite perfect place setting and accompanied with the words ‘Slightly OCD – we would love to hear from you’ appeared to be an attempt at humour to attract those with a sense or passion for perfection. 

“Although an advert may not be in breach of the Equality Act, employers need to be mindful of PR disasters and offending minority groups or those living with a disability. In recent months we have seen the likes of large corporates make faux pas of great enormity, which just goes to show that even with their resources, they can still get it wrong.

“Perhaps the rule of thumb is to avoid any suggestion of a protected characteristic in any advert for people. Keep it simple.”

Meanwhile Dr Sybille Steiner, partner solicitor at law firm Irwin Mitchell, says this case has wider implications for employers.

“Under the Equality Act 2010, it is unlawful to discriminate against a person based on a protected characteristic. OCD is a mental health condition, which can be considered a disability if it has a long-term effect on a person’s normal day-to-day activity. Therefore an advertisement such as this can be viewed as discriminatory.

“Recruiters must therefore be mindful of the language they use in advertising campaigns to ensure that it complies with equality legislation.”

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