Lesson 8 – Advertising, Selection, Client Instructions and Management Escalation

8.1 Non-discriminatory advertising

Property advertising should not indicate that people with particular protected characteristics will be excluded or treated less favourably.

Staff should avoid expressions such as:

• “No foreigners”;
• “Women will not be considered”;
• “Not suitable for disabled people” without a verified and relevant explanation;
• “Christians only”;
• “No same-sex couples”;
• “British applicants only”; or
• Other wording indicating an unlawful preference.

In England, staff must also comply with the rental discrimination rules concerning renters who have children or receive benefits. Landlords and agents must not take steps intended to make such renters less likely to access property information, obtain a viewing or enter a tenancy, subject to the limited statutory exceptions.

8.2 Suitability information

It may be appropriate to provide accurate, neutral information about a property.

For example:

“The flat is on the third floor, the building does not have a lift, and access is by 46 stairs.”

This gives customers relevant facts without deciding for them whether they are capable of living there.

It would be inappropriate to say:

“Disabled people should not apply.”

8.3 Application and selection criteria

Selection criteria should be:

• Relevant;
• Transparent;
• Consistently applied;
• Evidence-based;
• Proportionate; and
• Properly recorded.

Staff should not:

• Add extra requirements for particular groups;
• Manipulate viewing availability;
• Delay certain applicants deliberately;
• Hide available properties;
• Use coded discriminatory language;
• Reject applicants based on assumptions;
• Change criteria after an application is received; or
• Use referencing systems without considering accessibility or discriminatory outcomes.

8.4 Discriminatory client instructions

If a landlord or seller gives a potentially discriminatory instruction, staff should not:

• Agree to it;
• Place it in an advertisement;
• enter it into informal notes as an approved selection criterion;
• Implement it verbally;
• Ask colleagues to carry it out; or
• Conceal it through coded language.

The employee should explain:

“MyEstate cannot apply selection criteria that unlawfully discriminate. We can use lawful criteria relating to matters such as affordability, verified information and genuine property suitability.”

8.5 Recording agreed adjustments

The record should state:

• The barrier identified;
• The adjustment requested;
• The customer’s preferred communication method;
• Any consent provided;
• The adjustment agreed;
• Who authorised it;
• When it will be reviewed;
• Any alternative offered; and
• The reasons for any refusal or limitation.

Records should be factual and respectful.

Appropriate entry

“Applicant advised that their visual impairment prevents them from reading the standard online form. With the applicant’s agreement, an accessible electronic form and telephone assistance were arranged.”

Inappropriate entry

“Applicant is blind and unable to complete anything independently.”

8.6 Reviewing an adjustment

An adjustment may need to be reviewed when:

• The transaction moves to a different stage;
• The customer’s circumstances change;
• The arrangement is not effective;
• A new barrier arises;
• A third-party representative becomes involved; or
• The customer asks for a different form of assistance.

8.7 Management escalation

The matter should be referred to a manager where:

• A client requests discriminatory treatment;
• An adjustment request is refused or disputed;
• Significant cost or operational change is involved;
• Physical changes to premises are requested;
• There are conflicting instructions;
• The employee suspects harassment or victimisation;
• A customer alleges discrimination;
• Legal interpretation is required;
• A digital or automated system may be discriminatory;
• A complaint may require redress-scheme involvement; or
• The employee is uncertain about the appropriate action.

Lesson 8 key point

Employees must not implement discriminatory instructions. Serious, disputed or uncertain matters must be recorded and escalated promptly.