Recruitment Law Advice for Employers

Job applicants have various protections under employment law. For example, job applicants are protected from discrimination and, as an employer, you must ensure that all aspects of your recruitment process – from the job advert to the pre-employment checks you carry out – comply with the Equality Act 2010.  You must not discriminate against any applicants on the grounds of sex, age, disability, race, religion, marital or civil partnership status, pregnancy or maternity or sexual orientation. You must also prevent illegal working by ensuring all employees have the right to the work in the UK.

Further, you must ensure compliance with any legislation specifically relevant to your business. For example, carrying out checks under the Protection of Vulnerable Groups (Scotland) Act 2007 where your employees will be working with children and/or vulnerable adults. A failure to follow these obligations can lead to criminal penalties being imposed on your business.

A recruitment policy and equality and diversity training are useful tools to assist your managers to carry out recruitment in a consistent and fair way.