Recruitment: employment law - CCEA

Key facts about employment law

Recruitment: Employers must adhere to fair recruitment practices, provide a contract of employment within two months, and ensure equal opportunities for all applicants.

Pay: Legislation ensures workers receive at least the national minimum wage or national living wage, with rates set annually by the government.

Discrimination: The Equality Act (2010) protects against discrimination based on protected characteristics such as race, gender, disability, and more, ensuring equal pay for equal work.

Working Conditions: Employers must provide safe working conditions, protect employees from unfair dismissal, and ensure fair treatment in the workplace.

The term ‘employment law’ refers to any piece of government legislation designed to protect employees from exploitation. In the UK, there are a number of areas of employment legislation that form the basis of employee rights in the workplace:

Recruitment – this legislation outlines what employers can and cannot do when recruiting staff and what their responsibilities are once a job offer has been made. It also states that employees must be provided with a contract of employment.

Pay – this legislation covers pay and is designed to ensure that the pay workers receive is above a set minimum level.

Discrimination – this area of employment law is designed to ensure that employers treat all people fairly.

Working conditions – employees must be provided with safe working conditions and an ideal working environment to keep employees safe at work, they must also be protected against unfair dismissal

Recruitment

Recruitment must be fair in business and provide all applicants with a fair chance at getting a job role. New employees must be provided with a contract of employment within two months of starting a job role. An employment contract includes details such as:

• payment
• holidays
• duties
• responsibilities
• notice period
• any additional of employment

Pay

Under the National Minimum Wage Act (1998), all businesses must pay their staff a minimum hourly rate. There is no exemption for small employers or discounts for geographical areas. The aim is to increase the incomes of the low paid. The rates are set each year by the government.

For people aged 16 to 24, this is called the national minimum wage. It varies according to different categories (under 18, 18-20, 21-22 and apprenticeships).

For people aged 23 or over, it is called the national living wage.

Discrimination

The Equality Act (2010) is designed to prevent discrimination on a number of grounds. These grounds are called ‘protected characteristics’. The Equality Act (2010) makes it illegal for a business to pay people different rates of pay if they are doing the same job or similar jobs. This means, for example, that a business cannot pay a male member of staff more than a female member of staff if they are employed in the same role.

Protected characteristics include race and ethnicity, disability, religion or belief, age, sexual orientation, sex, gender reassignement, pregnancy and maternity, marriage and civil partnerships.

Legal controls that govern recruitment

Race – People of all races, nationalities and colours must be treated equally during, all recruitment, selection and promotional opportunities. There are some exceptions to this, eg if an actor was needed to play the part of an Asian male.

Religion – People of all religious beliefs and political opinion should have equal opportunities in recruitment and selection. Employers should not allow flags or emblems or graffiti, which could cause offense to others. It is essential if a business employs more than 11 employees that they with the equality commission and state the religious composition of their staff. There are exceptions eg a priest or a minister.

Disability – Employers must give the same opportunities to those with a disability, whether their disability is hidden or not. Employers should make the necessary reasonable changes to the workplace to enable those with disabilities to work safely.

Gender – Both genders should be given equal opportunities in recruitment, selection, training and promotion. Women should not be discriminated against if they are pregnant or on maternity leave.

Martial status - People who are single, married, (same sex or opposite sex), divorced, widowed or separated must not be discriminated against. Everyone must be given equal pay for doing the same work and offered the same working conditions.

Sexual Orientation – An employer should not discriminate against anyone because of their sexual orientation, if they are in a same sex marriage or relationship, or a heterosexual one. They must be given equal opportunities in recruitment, selection, training and promotion.

Protecting employees from unfair dismissal considers the reasons for employees leaving a business. An employee must only lose their job for a good reason, or because they decide to leave a business. An employee can be terminated from their role for severe or repeated misconduct. An employee could also be made redundant if a business needs to cut costs or a role no longer exists. If an employee is dismissed unfairly, they may take a business to court.

Contractual conditions considers, for example, protecting employees from unfair dismissal. This occurs where an employee is either forced out of the business or quits due to an issue caused by the business.

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What is the role of The Equality Commission for Northern Ireland?

This is a group set up to help build a more equal society.

Their focus is to ensure equality of opportunity for everyone.

The Commission’s legal responsibilities are:

• promotion of equality of opportunity

• elimination of unlawful discrimination and harassment

• reviewing the laws regularly

Final check