Recruitment and selection program in an organization

Recruitment and Selection  process is an important task in a Human Resource Management department. Recruitment and selection program helps to maximize employee strength. Additionally, Recruitment and Selection is the process of sourcing, screening, shortlisting and selecting the right candidates for the filling the required vacant positions.

Legal considerations of a recruitment and selection program in an organization

The laws governing discrimination definitely play an important role at every stage of the recruitment and selection process. Employers should judge job applicants against a range of objective criteria like skills, knowledge and experience and not on personal factors in recruitment and selection program. The main legislation is the Equality Act 2010. Employers, further, have a duty to ensure that job applicants are not subject to discrimination on the grounds of age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, civil partnership, maternity and, political opinion.

Employers’ Duties

In addition, employers should make sure that:

  • employers should not treat any applicant less favorably on the grounds of age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, marriage or civil partnership, pregnancy or maternity, or trade union membership or non-membership
  • provisions on occupational requirements are complied with where a person specification indicates that someone of a particular sex, race, religion or belief, sexual orientation or age group is required for a specific post
  • employers should indeed offer reasonable adjustments to disabled applicants
  • employers should not put pressure to staffs involved in recruitment and selection process
  • they are aware of the liability of employers for acts of discrimination by employees acting in the course of employment.
  • they are without a doubt aware that an employer’s defense to a claim of discrimination is to show that it took all reasonably practicable steps to prevent the act of discrimination
  • employer should do proper checks to ensure the selected candidate has the right to work in the country
  • the terms of an offer of employment are clearly stated to ensure that contractual obligations are fully understood by both parties
  • the terms and conditions of employment are consistent with statutory requirements and minimum standards too
  • the laws relating to children and young people are complied with during recruitment and selection process
  • employer should check on health, qualifications and/or criminal records
  • Public Authority should monitor the recruitment and selection process to ensure that there is no discriminatory treatment .

Employees’ Duties

  • ensuring they are absolutely honest in the personal information they provide during the recruitment and selection process
  • employees should also facilitate appropriate checks that the employer seeks to make about their health, qualifications, right to work in the UK and criminal record
  • they provide, as required, the names of suitable referees
  • they abide by any agreement they reach on accepting employment.

In Practice

The main legal issues which affect recruitment and selection are:

  • undoubtedly, have a discrimination free process
  • also, the need for an awareness of the limitations on the employment of children
  • the treatment of candidates, particularly the ones with past convictions
  • ensuring the right of the selected candidate to work in the UK
  • the need to carry out DBS checks on those who will be working with vulnerable people or children
  • the need to certainly observe the requirements of the Data Protection Act
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