RecruitmentProduced by Dr Peter Jepson - using the textbook ‘Employment Law Made

Easy’ written by Melanie Slocombe 2004.

Please take brief notes ...

You should have produced read and precis notes of pages 1-12 of ‘Employment Law Made Easy’ prior to this lesson.

Please turn off any mobile

Raise your hand if you have any questions.

Unlawful advertising

Women only or Men only

Gender reassignment

Race (cannot require all-white or all-ethnic)

Marital status

Who can you complain to?

Exceptions (Sex).

If a person’s sex is a ‘genuine occupational qualification’ it may be OK.

Example of physiology - female model

Where it is necessary to preserve decency or privacy (toilet attendant - a live in nanny?)

personal services (to measure under garments)

Working outside the UK - A married couple.

Exceptions (race)Where a persons race is a ‘genuine occupational requirement’ ...

Dramatic performances - a model

Working in a restaurant (Chinese or Indian)

Personal services for a particular racial group

Other unlawful advertising

Sexual Orientation - i.e. excluding homosexuals, heterosexuals and bisexuals (from 1-12-2003) [Genuine occupational exceptions apply].

Religion or belief - i.e. excluding people because of religious belief (from 1-12-2003) [Genuine occupational exceptions apply].

Trade Unions - it is unlawful for an employer to refuse employment because of membership or non membership of a TU.

Pregnancy - refusal to employ on grounds of pregnancy is unlawful (not recent comments of a UKIP MEP).

Disability - Unlawful to unjustifiably discriminate (What does this mean?) against a disabled person on grounds of their disability (15 employee rule being abolished in 2004)

Other unlawful advertising

Age discrimination ...

There is currently no express legislation prohibiting age discrimination (voluntary practice). EU requires the government to introduce legislation by December 2006.

Does this mean I can refuse to employ a person who lacks experience? Or to employ a teenager who does not wear a suit?

Advertising ...

If an agency advertises in a local newspaper for a ‘female escort’ are they breaking the law?

Is the newspaper breaking the law for allowing the advert?

Where could I complain to?

Past criminal convictionsAfter a certain period of time you are not under a duty to declare ‘spent’ convictions. What is a spent conviction?

See Table 1 (re-produce in your own words) on page 8 of ‘Employment Law Made Easy’.

In certain jobs (people that work with children - teachers etc) it is necessary to have a (CRB) Criminal Records Bureau check.

Employing children and young people

A child is aged below the minimum school leaving age - a young person is below 18. Working Time Regulations apply.

NO child may be employed under 13 years of age ... During school hours - before 7am or after 7pm. For more than 2 hours on a school day. For more than 2 hours on a Sunday.

Employing children

No child can be employed in any industrial undertaking or where they are likely to suffer injury from lifting, carrying or moving heavy items.

A local education authority has powers to supervise the employment of children. A person who wishes to employ a child must obtain a permit from the authority.

Employing children and young people

The Health and Safety Executive (HSE) provides guidance on the employment of young workers.

Restrictions on employing womenTo protect women the following

restrictions apply (associated with childbirth) ...

No employment in factories within 4 weeks of childbirth - no employment where lead is involved (pottery processes) or radiation exists. No employment on ships or aeroplanes while pregnant.

EU and EEA nationals

UK citizens have a right to seek work within with the European Union. It follows that nationals of EU do not need work permits and have a right to seek work within the UK.

The only exception to this is that EU governments can exclude employment in ‘public services’.

Non-EU nationals ...Someone who is subject to immigration controls MUST obtain a work permit before taking up employment in the UK - unless s/he belongs to one of the categories of people for which this is not necessary. Please see - pages 11 and 12 of ‘Employment Law Made Easy’ and produce a list of your own. Is this racist?

What next?Read and precis pages 17-24 of ‘Employment Law Made Easy’.

Break into Law Firms to draft the following letters (1) A letter offering a job to E subject to references. (2) A letter requesting a reference for E. (3) A letter providing a reference for E. (4) A letter explaining that E has not got the job.