A3 Legal Considerations in the Recruitment Process
Equalities Act 2010
The equalities act is legislation that protects people from discrimination at work and in wider society. This act replaces previous discrimination legislation such as the Sex Discrimination Act 1975, Race Relations Act 1976 and the Discrimination Act 1995.
This law makes it illegal for an organisation to discriminate during the recruitment process if somebody has a protected characteristic including age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex, pregnancy and maternity, and sexual orientation.
The act also allows for ‘positive action’. This means that where there are two candidates who are equally qualified for a role, an employer can appoint a person who fits into one of the protected categories mentioned above in order to balance their workforce.
Right to Work Legislation
All employers in the UK have a responsibility to ensure that the workers they recruit are permitted to work in the UK. Consequences of non-compliance with this legislation include fines, closure of business and 5 years in prison.
Key documents they should check include
British passport
Passport or identity card for EEA or Switzerland
Biometric residence permit stating the person is allowed to reside in the UK
Immigration status document issued by the Home Office
UK birth certificate with a government document containing their national insurance number and name