Whether you are new to the job market or looking for a new job, every employee should know what the law says about the way they should be treated by their employer. This even extends to prospective employers, so knowledge of recruitment employment law is something everyone should be aware of too. Here we look at the legal obligations of employers in the recruitment process as well as some of the employment law basics that all employers should follow once you are in the job.
Legal Issues During the Recruitment Process
One of the main issues that crops up during the recruitment process is how employers can avoid discriminating against prospective employees. This is one of the key issues in recruitment employment law, and discrimination on any of the prohibited grounds, whether intentional or not, is illegal. These include, but are not limited to, gender, age, race, sexual orientation, religious belief, marital status and disability. More and more often, this means that before candidates even get to interview, a prospective employer might know very little about them other than their job experience, in order to avoid discrimination accusations. Employers should keep records of interviews so they can show why someone might not have been offered a job.
When an employer offers someone a job, this constitutes a legal contract of employment, but prospective employees should be aware that this can be conditional on their receiving suitable references. New employees must be given a set of written terms and conditions. This will include information about job title, pay, hours and holidays as well as location and discipline and grievance procedures.
Employment Law Basics for New Starters
Statutory obligations exist for employers with regards to pay, working hours and holidays. There are also obligations with regards to sickness, maternity and paternity leave and pay and how employers treat requests for flexible working. With regards to pay, the law is clear about the minimum someone can be paid, and employers should ensure they are deducting tax and National Insurance from their employees’ wages.
Employers have a legal obligation not to directly or indirectly discriminate against employees on the grounds referred to above. Additionally, it is up to the employer to make sure they understand their obligations and let employees know their rights when it comes to sickness leave and pay and the rights of pregnant women, those on maternity leave or new and adoptive parents.
Employees should be made aware of a company’s discipline and grievance policy and procedures and understand what they should do if they want to raise a grievance, or how to act if they think they have been unfairly disciplined.
So whether you are a candidate or a new starter, this should have helped to explain your rights, as well as the obligations of employers. It is vital that employers follow recruitment employment law throughout the recruitment process as well as all other aspects of employment law once a person is in their new role.