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Small businesses urged to brush up on employment law |
Owners and managers of small businesses in the UK are being urged to ensure they understand what they may and may not legally ask a candidate during the recruitment process and how to stay on the right side of employment law.
Consumer group 'Which?' has published a new handbook advising potential job applicants on the kinds of questions now considered discriminatory and on their rights when it comes to answering such questions. Recruiters in smaller firms, which may not have in-house human resources departments, therefore need to familiarise themselves with current legislation to keep on the right side of the law when interviewing job applicants.
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Employment
law
has
changed
significantly
in
recent
years
and
questions
that
may
have
been
put
to
candidates
in
the
past
are
now
against
the
law,
according
to
the
group.
Asking
someone
their
marital
status,
their
sexuality
and
their
political
and
religious
views
is
among
the
recruitment
"no-go"
areas,
the
organisation
said.
Discriminating
against
applicants
on
the
basis
of
their
responses
could
result
in
a
fine
for
the
company
in
question,
something
that
could
potentially
prove
disastrous
for
small
businesses.
Victoria
Winkler
from
the
Chartered
Institute
of
Personnel
and
Development
(CIPD)
said
that
not
only
is
it
vital
to
adhere
to
the
law,
accessing
a
diverse
range
of
people
from
the
workforce
can
have
a
"positive
impact"
on
the
business.
The
issue
of
age
discrimination
is
something
that
employers
must
also
be
aware
of
since
the
Employment
Equality
(Age)
Regulations
2006
came
into
force
in
October
2006,
which
makes
it
unlawful
to
discriminate
against
someone
on
the
grounds
of
their
age
-
whatever
that
may
be.
This
means
that
firms
cannot
compel
an
applicant
to
supply
their
date
of
birth
or
ask
for
their
age
during
an
interview.
As
well
as
recruitment,
the
legislation
applies
to
other
work-related
situations
such
as
professional
associations
and
occupational
pension
schemes.
Since
April
2003,
employers
must
also
be
aware
of
their
responsibility
regarding
requests
to
work
flexibly.
Under
the
law,
firms
must
consider
seriously
facilitating
flexible
working
for
staff
with
children
under
six
years
old,
or
disabled
children
under
18.
Legal
secretary
Sharon
Coleman
recently
made
headlines
for
taking
her
former
employer
to
court
for
constructive
dismissal
after
she
claimed
the
firm
refused
to
let
her
work
flexible
hours
in
order
to
take
care
of
her
disabled
son.
The
European
Court
of
Justice's
advocate
general
said
that
discrimination
at
work
legislation
does
encompass
people
'associated'
with
a
disabled
person
and
the
case
will
now
be
considered
by
judges.
A
report
from
the
Department
for
Business
Enterprise
&
Regulatory
Reform
claimed
recently,
however,
that
UK
companies
have
on
the
whole
embraced
the
legislation,
with
92
per
cent
of
business
saying
they
would
consider
requests
about
changing
working
patterns
from
any
of
their
employees.
The
other
eight
per
cent
-
especially
small
businesses
-
are
advised
to
do
so.
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