Managing recruitment, selection and appointments lawfully

Most notably, the Equality Act of 2010 prohibits discrimination against job applicants (and current employees) based on the protected characteristics (Malleson, 2018). Individuals do not have to put up with an unfair disadvantage or less-than-favourable treatment because of a protected characteristic, according to the UK law. There exists nine protected characteristics: age, disability, gender reassignment, race, religion, sex, and sexual orientation (Malleson, 2018). Discrimination occurs when one of the aforementioned characteristics is used to treat an employee or job applicant unfairly. Employers need to be aware of their obligations even before an employment relationship starts. That necessitates knowing their legal standing with reference to employment laws and hiring procedure. The best applicant must be picked for the post through an impartial, trustworthy, and non-discriminatory recruitment process. If any procedures are discriminatory, this procedure will be deemed unfair.

Direct Discrimination

When someone is treated unfairly due to a protected trait, such as their race or sex, this is known as direct discrimination (Acas, 2020). For instance, a male with less experience might be hired instead of a woman for a promotion.

Indirect Discrimination

When policies or procedures are intended to apply to one group of workers or job applicants but are really less fair to one or more protected characteristics, indirect discrimination takes place (Mason, 2022). For instance an employer choosing to hire internally but only men applicants can apply for the position if this method is used.

Avoiding discrimination when hiring

Employers are required to observe the law while hiring in order to prevent any type of discrimination, whether it be direct or indirect (Acas, 2020). While it is prohibited to inquire about a candidate’s protected qualities, there are some circumstances in which it is acceptable, such as if the employer must make reasonable accommodations for them, such as ensuring that a disabled interviewee can comfortably enter the grounds (Acas, 2020). Also employers may request that job candidates possess a certain protected trait (such as sex or race) when the demand is essential or benefits a marginalized group, but only if it an occupational requirement or benefits a marginalised group.

Employment Contracts

A contract of employment is an agreement between an employer and employee that is legally enforceable. It can exist both orally or in written form.  All individuals who are categorized as employees or workers are legally entitled to a “written declaration of employment particulars (Suff, 2022b).” In a written statement, the main conditions of a person’s employment, such as compensation and working hours, are listed.

When the employment contract begins

Even if there isn’t a written agreement, the moment the person starts working, an employment contract is created (Suff, 2022b).

If all of the following are true, the contract may start even earlier:

• The offer was unconditional or the applicant satisfied all requirements (the employer, for instance, was pleased with the applicant’s references (Suff, 2022b);
• The employer stated the specifics of the position in a clear and unambiguous manner, either verbally or in writing;

Terms of a contract

 Express terms: The terms that employers and employees have expressly agreed upon are known as express terms of an employment contract. They can be made orally as well as in writing, however, writing is preferable. Pay, liability restrictions, and working time are examples of express terms (Suff, 2022b).

Implied terms: Although they may not have been agreed to verbally or in writing, these provisions of the employment contract will nonetheless be included in the contract between the employer and the employee as are legally binding. This can entail pledging to pay the worker on schedule or employee arriving on time for work (Suff, 2022b). An event or benefit may be considered to be an implicit term of because of custom and practice. For instance workers leaving early on Fridays.

Statutory terms: These are provisions by employment law. The employer is not required to put these clauses in writing. The only exclusion is information that must be specified in the written agreements (Suff, 2022b). For instance, the employer must state in the written contract that the employee is paid the minimum wage.

Incorporated terms: Are clauses added to the contract from sources outside of it, such as a staff handbook, a deal involving numerous workers, or a union agreement.

Type of employee contracts

Fixed-term contracts

Workers who are only employed for a set length of time or until they have completed a specific task are granted a fixed-term contract, which is a highly detailed and written agreement (Suff, 2022b).

Part-time contracts

People who work fewer than 35 hours per week are typically offered part-time contracts, which include the pay rate, weekly schedule, and flexibility of the employee are frequently disclosed in the contract (Suff, 2022b).

Full-time Contracts

Permanent employees who work a full workweek, typically 35 hours or more, are given full-time contracts. These agreements frequently include information about pay, paid holidays, vacation time, sick days, and retirement programs.

Zero-hour contracts

Zero-hour contracts are given to workers who have erratic work schedules or who only accept tasks when they become available (Suff, 2022b). Zero-hour contracts frequently state that an employee will work a minimal number of hours or shifts per month.