Employment Legislation Affecting Recruitment
ASSIGNMENT COVER SHEET Name:| Pancho Pablo Fernandes| Address:| PO Box, 491, Doha, Qatar| Post code / Zip:| 491| Telephone No:| 00974 55485261| Email Address:| pancho_fernandes@yahoo. com| Date:| 1 September 2012| Course Name:| Diploma in Human Resources| Tutor Name:| Ms. Kirsty Cousins| Assignment Name:| Recruitment and Selection| Assignment Title:Recruitment and Selection Unit Title:Examine employment legislation with regard to recruitment Course Title: Name:Pancho Pablo Fernandes Date:01 September 2012
Introduction In this assignment I will discuss the employment legislation in force that ensure fair manpower hiring protocol thereby safeguarding candidates from being discriminated on different grounds. The assignment task is: * Evaluate current employment legislation as it affects recruitment and selection of personnel Background Employers during the pre-industrialization era were more focused on having the most suitable manpower in terms of strength, color, ethnic background, gender, religion etc.
Child labor was well practiced by employers with intention of saving on overheads. There was no concern for safety & suitable working conditions due to inequality of bargaining power between employer & worker. It was through rise and fall of Governments that created various acts outlawing discriminations most of which pertained to employment. Discriminations related acts have come into force mostly during the second half of the 19th century and till date undergo revisions / modifications thereby ensuring fair employment protocol.
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This assignment will share light on some important legislation concerning recruitment & selection of workers. Analysis Most countries have a set up legal authority / body which monitors company’s recruitment practices. Employment discriminations can be direct or indirect. Direct discrimination is when a group of candidates are treated less favorably in comparison to another group. Indirect discrimination is when certain criteria is imposed which limits particular group/s of candidates from applying or being appointed for a job, such as built, height, weight.
The Equality Act of 2010 (UK) protects discrimination of people under protected characteristics that include age, disability, gender, race, religion, marital status, pregnancy, sex & sexual orientation. The evolvement of following acts defines legislations prohibiting discrimination while promoting equal opportunity and diversity to all; a. Gender – Gender discrimination is controlled by; i. Sex Discrimination Act of 1975 (UK): This act protected both men & women from being discriminated on fronts of sex or marriage. ii.
Employment Equality Regulation of 2003 - Sexual Orientation (UK): This act prohibited the employer to discriminate employees on sexual orientation. iii. Equality Act of 2010: Part of this act enables an employer to appoint / promote a candidate although he/she has equal merit that the other but is classified under the protected characteristics or is thought to suffer a disadvantage of being in such category. A positive action example would be a lady being offered a General Manager role in our organization instead of a male candidate, since the organization mostly awarded such roles to males. . Race / Religion – This discrimination is controlled by; i. Race Relations Act of 1963 (UK): This act prohibited discrimination on grounds of race, color, ethnical background / national origin. ii. Equality Act of 2010 – Part of this legislation defines the “Positive Action” clause that can be used by an employer to recruit. As an example, a Sri Lankan Muslim candidate could be recruited instead of a Filipino or Indian candidate since the company had most of its workforce from India (Hindus mostly) & Philippines (Christians) c.
Age – Age discrimination is controlled by; i. Employment Equality Regulation of 2006 – Age (UK): In addition to gender & race discrimination; employers could not discriminate employees on grounds of age. However the Equality Act of 2010 has superseded this act. ii. Equality Act of 2010 – Part of this legislation defines the “Positive Discrimination” clause that can be used by an employer to recruit within certain age groups. Example: Since majority of our company’s office level workforce aged below 40, the next recruitment phase could set age criteria as + 40 years. d.
Disability – The Disability Discrimination Act of 1995 (UK) was replaced by the Equality Act of 2010. One of its clauses describes that an employer cannot use discriminative questions to asses a candidate’s disability unless the candidate has to complete an exercise as part of the selection process. However, an employer can lawfully question the candidate, asking if he/she needed any reasonable adjustment to enable them perform at an exercise. Conclusion Employment legislations define guidelines for non-discrimination on basis of various factors such as ethnic background, disabilities, gender, age & race.
Most developed countries have its own employment legislation defined in a way that it covers most of its population. In the modern world, employers violating employment regulations can be penalized by the law. Sources of Information Internet Research 1. Wikipedia a) http://en. wikipedia. org/wiki/Employment_Equality_Regulations b) http://en. wikipedia. org/wiki/Employment_Non-Discrimination_Act c) http://en. wikipedia. org/wiki/Equal_Pay_Act_of_1963 d) http://en. wikipedia. org/wiki/Sex_Discrimination_Act_1975 e) http://en. wikipedia. rg/wiki/Race_Relations_Act_1976 2. http://www. homeoffice. gov. uk/publications/equalities/equality-act-publications/equality-act-guidance/employment-health-questions? view=Binary 3. http://www. homeoffice. gov. uk/publications/equalities/equality-act-publications/equality-act-guidance/positive-action-recruitment? view=Binary 4. http://www. homeoffice. gov. uk/publications/equalities/equality-act-publications/equality-act-guidance/positive-action-practical-guide? view=Binary 5. http://www. equalrightstrust. org/ertdocumentbank/bob%20hepple. pdf
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