There is no specific legislation that outlines all the legal requirements for the recruitment process. Instead, a range of laws apply, governing various stages from job advertising to offering the position to the successful candidate.
Recruitment Agencies and Their Regulations
Recruitment agencies are regulated by the Conduct of Employment Agencies and Employment Businesses Regulations 2003, which are enforced by the Employment Agency Standards Inspectorate. These regulations apply to agencies that recruit on behalf of employers. However, businesses that recruit directly for their own needs are not governed by these specific rules, though they must still adhere to other relevant employment legislation.
Job Advertisements
Employers must ensure that job advertisements accurately reflect the role and the qualifications required. If an advert misleads candidates, they may be entitled to claim under the Misrepresentation Act 1967.
Equality and Non-Discrimination
Job advertisements and interviews must avoid any form of discrimination. Employers are required to use inclusive language and ensure the recruitment process complies with the Equality Act 2010, which prohibits discrimination based on the following characteristics:
- Age
- Disability
- Gender reassignment
- Marriage or civil partnership
- Pregnancy and maternity
- Race
- Religion or belief
- Sex
- Sexual orientation
Moreover, the selection criteria must be job-related and not unduly disadvantage any particular group.
Right to Work Verification
Before making a job offer, employers must verify that applicants have the legal right to work in the UK. This involves checking documentation before the candidate begins employment. The UK government provides a right to work checklist for employers, detailing the required documents for verification.
Under the Immigration, Asylum and Nationality Act 2006, failing to conduct these checks could lead to civil penalties of up to £20,000 for each illegal worker, or criminal prosecution, which could result in an unlimited fine or imprisonment for up to five years.
Data Protection Compliance
Recruitment activities must align with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018. Employers must:
- Inform candidates about how their personal data will be used.
- Collect only the data necessary for recruitment purposes.
- Ensure that data is securely stored and processed.
- Retain data only for as long as necessary.
A data protection notice should be provided to applicants and referenced in job advertisements.
Reasonable Adjustments for Disabilities
Under the Equality Act 2010, employers are required to make reasonable accommodations for candidates with disabilities, ensuring they are not disadvantaged in the recruitment process. This might involve providing accessible interview locations, extra time for assessments, or alternative methods for completing tasks.
Employment Contracts and Job Offers
Once a candidate is selected, the Employment Rights Act 1996 mandates that the employer provide a written statement of employment terms, which includes details such as salary, job responsibilities, and working hours. This statement must be given to the employee within two months of starting the role.
Safeguarding and Background Checks
For roles that involve working with vulnerable groups, such as children or the elderly, employers must carry out background checks to ensure candidates are suitable for the position. The Safeguarding Vulnerable Groups Act 2006 (amended by the Protection of Freedoms Act 2012) created the Disclosure and Barring Service (DBS), which oversees checks and helps identify individuals unsuitable to work with vulnerable individuals. Additional statutory requirements for background checks may apply in sectors such as healthcare and education.
Trade Union Membership
The Trade Union and Labour Relations (Consolidation) Act 1992 (Section 137) makes it illegal for employers to discriminate against a candidate based on their membership (or non-membership) in a trade union.
Howell Jones Solicitors
Unlike recruitment agencies, which operate under specific regulatory frameworks, recruitment for direct employers in the UK is governed by a range of legislation, including those related to equality, misrepresentation, employment rights, immigration, and data protection. To comply with these various laws, employers must implement a clear, structured recruitment process.
For more information about Howell Jones Surrey Solicitors, contact us today.
