Impact of Legal and Regulation framework on Recruitment and Selection
Activities
Stop information being held about them
Sex Discrimination Act 1975/97 Prevent the information being passed on for marketing purpose
A British Act of Parliament which became a law in 1975. Under Have compensation made and to ask the data controller to rectify errors.
the Act, people of both sexes have the right to equal This Act stop businesses to give personal information of employee or
opportunities in education and employment, and to be paid the candidates to other businesses without having they permission. This affects
same amount for doing the same work. People who break this application form because candidates gave they all personal information on the
law, for example by paying women less than men, can be put on
trial and punished in a court of law. Indirect and direction both application form which businesses can got give to other
are unlawful in the Sex Discrimination Acts. It affects the area of businesses/organisations without their permission.
recruitment for example job description because the business
cannot say that the job is only for men not female. It should be Ethical issues:
for both male and female. It also affects the selection process for
example interview because they can’t ask different questions to Interviewers not related to candidates
female candidate. It should be the same question, which a male It is not ethical for a member of staff to interview candidates if they are related
candidate has been asked. The questions should be related to to them by marriage or if they are directly related. This is because this personal
the work, not candidate’s personal life. link my cause a conflict of interview. Interviewers may also let their employers
Equal Pay Act 1970 know they cannot interview if they are friends or former colleagues of a person
and therefore may be biased, whether positively or negatively. This can avoid
Under law both men and women are entitled to equal pay when
the suggestion that a candidate only got the job because of who they were
they are doing the same job, equivalent jobs and jobs of an equal
related to or who they were friends with. This makes the process much more
pay. In addition to basic salary or wages pay is also deemed to
open and fair. Many applications forms now ask applicants to make it clear if
include contractual benefits, such as pension contributions and
they have personal links with any member of the senior management team or
bonuses. The Equal Pay Act is part of employment law and
other significant individuals within the institution.
should be treated as separate from general discrimination law.
This will affect job description because the employer can cot say Gender and ethnic balance on panels
that the male employee will get £6 per house and female The final part of the process that needs examining from an ethical perspective
employee gets £5 when they both doing the same job, so this Act is making sure that the interview process, including the interview panel,
prevent businesses to do that. reflects a balance of employees or managers of both gender and different
ethnic groups, for example, white, black or Asian. This is important because
Data Protection Act 1998 different ethnic groups members might provide a more balanced judgement
The Data Protection Act is a law designed to protect personal of a candidate and choose different qualities that they think are important in
data stored on computers or in an organised paper filing an employee. This rounded judgement should ensure that the right candidate
system. Personal data does not just mean personal is chosen to fit in with everyone.
information, for example, medical information: it means any Asking candidates similar questions:
data related to living person. It includes information about
current employment and anyone who applied for a job such The first ethical issue that has already been outlined is making the candidates
as their address, pay, and bank details, date of birth and the same questions. This makes it unfair for everyone as their answer can be
training record or references. The individual has rights under compared more easily. It is only discriminatory to ask different questions to
this Act to: candidates if they are unfair to those candidates, so this not a legal obligation
Access the information but an ethical one
Activities
Stop information being held about them
Sex Discrimination Act 1975/97 Prevent the information being passed on for marketing purpose
A British Act of Parliament which became a law in 1975. Under Have compensation made and to ask the data controller to rectify errors.
the Act, people of both sexes have the right to equal This Act stop businesses to give personal information of employee or
opportunities in education and employment, and to be paid the candidates to other businesses without having they permission. This affects
same amount for doing the same work. People who break this application form because candidates gave they all personal information on the
law, for example by paying women less than men, can be put on
trial and punished in a court of law. Indirect and direction both application form which businesses can got give to other
are unlawful in the Sex Discrimination Acts. It affects the area of businesses/organisations without their permission.
recruitment for example job description because the business
cannot say that the job is only for men not female. It should be Ethical issues:
for both male and female. It also affects the selection process for
example interview because they can’t ask different questions to Interviewers not related to candidates
female candidate. It should be the same question, which a male It is not ethical for a member of staff to interview candidates if they are related
candidate has been asked. The questions should be related to to them by marriage or if they are directly related. This is because this personal
the work, not candidate’s personal life. link my cause a conflict of interview. Interviewers may also let their employers
Equal Pay Act 1970 know they cannot interview if they are friends or former colleagues of a person
and therefore may be biased, whether positively or negatively. This can avoid
Under law both men and women are entitled to equal pay when
the suggestion that a candidate only got the job because of who they were
they are doing the same job, equivalent jobs and jobs of an equal
related to or who they were friends with. This makes the process much more
pay. In addition to basic salary or wages pay is also deemed to
open and fair. Many applications forms now ask applicants to make it clear if
include contractual benefits, such as pension contributions and
they have personal links with any member of the senior management team or
bonuses. The Equal Pay Act is part of employment law and
other significant individuals within the institution.
should be treated as separate from general discrimination law.
This will affect job description because the employer can cot say Gender and ethnic balance on panels
that the male employee will get £6 per house and female The final part of the process that needs examining from an ethical perspective
employee gets £5 when they both doing the same job, so this Act is making sure that the interview process, including the interview panel,
prevent businesses to do that. reflects a balance of employees or managers of both gender and different
ethnic groups, for example, white, black or Asian. This is important because
Data Protection Act 1998 different ethnic groups members might provide a more balanced judgement
The Data Protection Act is a law designed to protect personal of a candidate and choose different qualities that they think are important in
data stored on computers or in an organised paper filing an employee. This rounded judgement should ensure that the right candidate
system. Personal data does not just mean personal is chosen to fit in with everyone.
information, for example, medical information: it means any Asking candidates similar questions:
data related to living person. It includes information about
current employment and anyone who applied for a job such The first ethical issue that has already been outlined is making the candidates
as their address, pay, and bank details, date of birth and the same questions. This makes it unfair for everyone as their answer can be
training record or references. The individual has rights under compared more easily. It is only discriminatory to ask different questions to
this Act to: candidates if they are unfair to those candidates, so this not a legal obligation
Access the information but an ethical one
