What you need to know when it comes to Recruitment Law
By Helen Livesey
This month’s Advice Clinic “From Recruitment to Retention to Termination” was delivered by Everton fan and bride to be, Abigail Mottram from Forbes Solicitors. Her aim; to deliver the basic requirements of employment law to ensure business owners know how to protect themselves when looking to recruit and to give them a process to follow ensuring they get the best applicants for their business.
When it comes to advertising the job you need to make sure there is no pre-determined bias within the advert and that the content doesn’t discriminate. When drawing up a job description think about the specific responsibilities of the role and focus on the outcomes/deliverables you want from the applicant.
Abi touched on the possibility of having a trial period and how it can help in assessing a candidate but her top tip was ensure you do not breach regulations of national minimum wage. You should be paying applicants for any time spent on trial periods. If you need more information on this area click here to access the ACAS website.
When you do get to the interview stage Abi was keen to recommend that face to face is the best method by far. You might want to consider having at least 2 people to interview to show fairness and reduce the chance of discrimination through individual bias. A key question to ask yourself is – do they fit in with my organisation?
If you start to come across any issues with your new employee it’s best to tackle these as they arise, don’t wait for weeks and months to pass before taking action as it may lead to the problem getting worse or a breakdown in communication. Always try to have an informal chat to fix things initially but if this doesn’t settle then issue seek professional advice.
Should you need to go down the performance management route generally you must give at least 2 warnings before dismissal. An initial written warning and a final written warning. Abi noted that business owners should be mindful of Section 98 of the employment rights act 1996. The burden of proof lies with the employer to prove that the reason for dismissal is potentially fair. The ACAS Code of Practice is a fantastic reference document should you wish to look into this further. If you are terminating employment, make sure you comply with the notice provisions to avoid any claim of wrongful dismissal.
Should you wish to attend any of the upcoming Advice Clinic’s please click on the below titles to book your place!