(Solution) Employees recruitment, selection and employment laws
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Description
Solution
Recruitment
In UK, the Equality Act 2010 is use in governing how recruitment is pursued to avoid discrimination (Citizensadvice.org.UK, 2022). For instance, according to section 60 of the Equality Act 2010, it is against the law rejecting job applications without offering a chance to show that you possess the skills of doing the job (Equality Human Rights, 2022). By prioritising on the skills rather than the individual characteristics, objectivity criteria of recruitment is noted to have been adopted. To evidence the rationale of embracing objectivity in recruitment, the Government Legal Service V Brookes (EAT) case law can be considered. In this case law, the recruiting organisation had failed in making reasonable adjustments to a disabled employee. The outcome of this was passing the case in the Employment Tribunal where a decision was made on the need of enhancing objective recruitment.There are however instances where discrimination in recruitment can be allowed. As evidenced in Citizensadvice.org.UK (2022) when objective justification of discrimination is provided, it is not unlawful under the Equality Act 2010. For instance, if an organisation recruitment process require employees to have at least 10 years of experience, women who could fail to meet this requirement could feel indirectly discriminated since they could have spent considerable time caring for their children.
Selection
Further, Equality Act 2010, the process followed for interviewing and the overall process ought to have zero discrimination. According to Ons.gov.uk (2023), this is pursued by noting on employee fit level in line with job descriptions/specifications increasing likelihood for being considered. In the process of selection, there should be no blind CVs or unfair scoring matrix.
Employment
In employment, Equality Act 2010 note that in the employment phase, discrimination of the staff should not be evident. This is while being compliant with entire tribunal demands. For example, an employee verbally provided with a job opportunity in an interview process should not be withdrawn. There should not be any type of engagement with referees on job appropriateness evident.
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