Employment Law Recruitment and Selection 11/21/2018

Learning Outcomes Identify the main principles of discrimination law in recruitment and selection and employment Explain how contracts of law are established

Equality Act 2010 Nine protected characteristics What are they? How can be they linked to recruitment and selection?

Discrimination may take place: In the decisions with regard to the job description and person specification In the job advert In recruitment In the terms and conditions of the offer of employment In opportunities for progression, training, benefits etc. In termination

Discrimination Direct Indirect Victimisation Harassment 5 min research activity to define each one

Genuine Occupational Requirements At times it may be justifiable for a job advert to expressly exclude certain groups Can you think of any examples?

Employer Actions Activity: Can we think of an example, under a couple of selected protected characteristic, of an instance where there may be a breach of the code?

What is an Employment Contract? It is an agreement between an employer and employee which sets out their employment rights, responsibilities and duties.

Terms of an Employment Contract The terms of the employment contract could be of several different types, some of which do not need to be written down. Individuals should be aware of what the terms of the employment contract are, so that they understand their employment rights.

Where do Contract terms come from? Contract terms can come from a number of different sources; for example they could be: verbally agreed in a written contract, or similar document in an employee handbook or on a company notice board in an offer letter from your employer required by law, for example, your employer must pay you at least the minimum wage in collective agreements implied terms

Express Terms Express terms are normally put in writing. The main express terms are usually put in the letter of appointment and cover areas such as?

Implied Terms Implied terms aren't written down anywhere, but are understood to exist. If there's nothing clearly agreed between employee and employer about a particular matter, then it may be covered by an implied term. The ‘business efficacy’ test The ‘officious bystander’ test The behaviour of the parties in practice Custom and practice

Custom and Practice These are specific to an employer or kind of work. They are arrangements that have never been clearly agreed but over time have become part of the contract. For example, you might get a Christmas bonus every year, or the business might close early on particular days. If a company practice has become a part of an employee’s contract then the employer must stick to it, and cannot normally change it without agreement.

The right to written particulars of employment Employees are entitled to receive, within two months of the start of their employment, a written statement of particulars of their employment.

Written particulars must include: Terms relating to holidays, including public holidays and holiday pay The employee’s job title or a brief description of the work for which s/he is employed Place of work, including details of any mobility clause, and the employer’s address Rules relating to sickness, injury or sick pay Pension arrangements The length of notice required by each party If employment is not intended to be permanent, the period for which it is expected to continue, or if fixed term contract, the expiry date The disciplinary rules and procedure The name of a person to whom an employee can apply if s/he is dissatisfied with any disciplinary decision or seeking to redress of any grievance relating to his/her employment Any other term which, in view of its importance, is an essential part of the contract.