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RecruitmentProduced by Dr Peter Jepson - using the textbook ‘Employment Law Made
Easy’ written by Melanie Slocombe 2004.
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Please take brief notes ...
You should have produced read and precis notes of pages 1-12 of ‘Employment Law Made Easy’ prior to this lesson.
Please turn off any mobile
Raise your hand if you have any questions.
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Unlawful advertising
Women only or Men only
Gender reassignment
Race (cannot require all-white or all-ethnic)
Marital status
Who can you complain to?
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Exceptions (Sex).
If a person’s sex is a ‘genuine occupational qualification’ it may be OK.
Example of physiology - female model
Where it is necessary to preserve decency or privacy (toilet attendant - a live in nanny?)
personal services (to measure under garments)
Working outside the UK - A married couple.
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Exceptions (race)Where a persons race is a ‘genuine occupational requirement’ ...
Dramatic performances - a model
Working in a restaurant (Chinese or Indian)
Personal services for a particular racial group
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Other unlawful advertising
Sexual Orientation - i.e. excluding homosexuals, heterosexuals and bisexuals (from 1-12-2003) [Genuine occupational exceptions apply].
Religion or belief - i.e. excluding people because of religious belief (from 1-12-2003) [Genuine occupational exceptions apply].
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Trade Unions - it is unlawful for an employer to refuse employment because of membership or non membership of a TU.
Pregnancy - refusal to employ on grounds of pregnancy is unlawful (not recent comments of a UKIP MEP).
Disability - Unlawful to unjustifiably discriminate (What does this mean?) against a disabled person on grounds of their disability (15 employee rule being abolished in 2004)
Other unlawful advertising
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Age discrimination ...
There is currently no express legislation prohibiting age discrimination (voluntary practice). EU requires the government to introduce legislation by December 2006.
Does this mean I can refuse to employ a person who lacks experience? Or to employ a teenager who does not wear a suit?
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Advertising ...
If an agency advertises in a local newspaper for a ‘female escort’ are they breaking the law?
Is the newspaper breaking the law for allowing the advert?
Where could I complain to?
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Past criminal convictionsAfter a certain period of time you are not under a duty to declare ‘spent’ convictions. What is a spent conviction?
See Table 1 (re-produce in your own words) on page 8 of ‘Employment Law Made Easy’.
In certain jobs (people that work with children - teachers etc) it is necessary to have a (CRB) Criminal Records Bureau check.
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Employing children and young people
A child is aged below the minimum school leaving age - a young person is below 18. Working Time Regulations apply.
NO child may be employed under 13 years of age ... During school hours - before 7am or after 7pm. For more than 2 hours on a school day. For more than 2 hours on a Sunday.
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Employing children
No child can be employed in any industrial undertaking or where they are likely to suffer injury from lifting, carrying or moving heavy items.
A local education authority has powers to supervise the employment of children. A person who wishes to employ a child must obtain a permit from the authority.
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Employing children and young people
The Health and Safety Executive (HSE) provides guidance on the employment of young workers.
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Restrictions on employing womenTo protect women the following
restrictions apply (associated with childbirth) ...
No employment in factories within 4 weeks of childbirth - no employment where lead is involved (pottery processes) or radiation exists. No employment on ships or aeroplanes while pregnant.
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EU and EEA nationals
UK citizens have a right to seek work within with the European Union. It follows that nationals of EU do not need work permits and have a right to seek work within the UK.
The only exception to this is that EU governments can exclude employment in ‘public services’.
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Non-EU nationals ...Someone who is subject to immigration controls MUST obtain a work permit before taking up employment in the UK - unless s/he belongs to one of the categories of people for which this is not necessary. Please see - pages 11 and 12 of ‘Employment Law Made Easy’ and produce a list of your own. Is this racist?
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What next?Read and precis pages 17-24 of ‘Employment Law Made Easy’.
Break into Law Firms to draft the following letters (1) A letter offering a job to E subject to references. (2) A letter requesting a reference for E. (3) A letter providing a reference for E. (4) A letter explaining that E has not got the job.