Legal Requirements in Recruitment and Selection
Here are some of the key areas of legislation:
Equality Act 2010 – it is unlawful to discriminate in employment - including recruitment and selection - on the grounds of the following characteristics:
- Age (all ages and age ranges)
- Disability
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
- Race (including race, colour, nationality, ethnic origin and national origin)
- Religion or belief (including comparable philosophical beliefs and non-belief)
- Sex (including providing equal pay for women and men)
- Sexual orientation (lesbian, gay, bisexual and heterosexual)
Asylum and Immigration Act 2006 - It is a criminal offence to employ someone who does not have permission to live and work in the U.K. Obtain evidence from the candidate of approval to work in the UK. Appropriate documents would include a birth certificate or passport.
Police Act 1997 - It is a legal requirement to carry out a Criminal Records Bureau check on employees who will be working with children or vulnerable adults. This should be done prior to confirming a candidate’s position.
Data Protection Act 2003 - Applicants are notified that details in their application forms will be used in accordance with the Act. This means that information is confidential and can only be used for assessment and selection, and for employment records if their application is successful.
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