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Employment Law & Recruitment Legislation that you must comply with during the recruitment process: • Equality Act 2010 • Identity checks to ensure eligibility to work in the UK
Types of Discrimination • Direct discrimination • Associative discrimination • Perceptive discrimination • Indirect discrimination
Equality Act 2010 9 Protected Characteristics: • Age • Disability • Gender Reassignment • Marriage and Civil Partnership • Pregnancy and Maternity • Race • Religion or Belief • Sex • Sexual Orientation
Equal Pay • Direct sex discrimination to pay someone less than they would receive if they were of a different gender
Genuine Occupational Requirement • In some circumstances, you can state that being of a particular sex, race, religion/belief, age or sexual orientation is an occupational requirement for the job.
Positive Discrimination • When can you positively discriminate? • How can you positively discriminate?
Employment Tribunals • Unsuccessful applicants may make a claim to an Employment Tribunal if they believe you have unlawfully discriminated in the recruitment process. • The tribunal will assess the amount that the claimant would have earned if he or she had been appointed.
Protecting Yourself Against a Claim • Advertisement • Job Descriptions • Person Specifications • Interviews • Interview tests • Pre-employment checks • Record keeping
Best practice interviews • More than one interviewer • Questioning the skills and competencies outlined in the job description/person spec • Planned and consistent objective questioning – working to an interview plan • Tests relevant to the skills and competencies required – using a matrix system to score all applicants
Health Checks You can: • Ask at interview if there is anything in the job that would present an issue to the candidate • Ask if they believe that they require any adjustments to be able to carry out the role • Arrange post-interview health checks carried out by a fully qualified Occupational Health practitioner
Identity Checks • Successful applicants must be asked to provide original documentation for proof of eligibility to work in the UK before they can be legally employed. • UKBA provide guidance on their website about what documents to check, what they look like and how to carry out the checks
Job Offers Conditional job offers on satisfactory: • Proof of eligibility to work in the UK • Post interview health check • CRB check • Reference check • Qualification checks