In this task, I will explain the impact of the legal and regulatory framework
on recruitment and selection activities.
There are various laws which may affect recruitment and selection
activities in a business which include both legal and ethical factors. There
are a number of legal issues presently in favour of the public and
businesses have to ensure that these laws are respected during their
activities. If employers are found breaching these laws, they could risk
heavy penalties. Businesses have to comply with the law to uphold
customer trust, be seen as compliant and avoid potential ‘embargo’ on
the business.
Legal Issues:
The Data Protection Act 1998:
The Data Protection Act 1998 defines laws on the processing of data on
identifiable living people and it is one of the main legislations which
govern the protection of personal data in the UK.
Businesses should consider this law and take the appropriate measures to
ensure that personal data provided by applicants during recruitment and
selection processes are only used for lawful purposes and kept only for
matters relevant to employment. In addition to this, all the information
obtained should be confidentially and securely maintained. Employees
must not disclose any candidate details and businesses should make sure
that they do not possess these personal details for longer than necessary.
If an organisation is found to be in breach of the Data Protection Act 1998,
this can incur possible loss of business and brand damage. The business
could also be subject to penalties from the UK Information Commissioner’s
Office. Amongst its powers, the ICO can prosecute and issue fines of up to
£500,000 and undertake proceedings that can lead to prison sentences.
The Sex Discrimination Act 1975/97:
The Sex discrimination act 1975/97 states that employees should be
protected from any sort of discrimination based on their gender or
sexuality under the Equality Act 2010.
To comply with this law, employers must ensure that recruitment and
selection processes are free from discrimination and treat both men and
women equally. Potential employees should not be affected and given
unfair treatment and should gain access to training or promotion whatever
their gender status. If an employment tribunal is presented with a
complaint of sex discrimination, it can order the employer concerned to
pay compensation to the victim and take several other actions against the
on recruitment and selection activities.
There are various laws which may affect recruitment and selection
activities in a business which include both legal and ethical factors. There
are a number of legal issues presently in favour of the public and
businesses have to ensure that these laws are respected during their
activities. If employers are found breaching these laws, they could risk
heavy penalties. Businesses have to comply with the law to uphold
customer trust, be seen as compliant and avoid potential ‘embargo’ on
the business.
Legal Issues:
The Data Protection Act 1998:
The Data Protection Act 1998 defines laws on the processing of data on
identifiable living people and it is one of the main legislations which
govern the protection of personal data in the UK.
Businesses should consider this law and take the appropriate measures to
ensure that personal data provided by applicants during recruitment and
selection processes are only used for lawful purposes and kept only for
matters relevant to employment. In addition to this, all the information
obtained should be confidentially and securely maintained. Employees
must not disclose any candidate details and businesses should make sure
that they do not possess these personal details for longer than necessary.
If an organisation is found to be in breach of the Data Protection Act 1998,
this can incur possible loss of business and brand damage. The business
could also be subject to penalties from the UK Information Commissioner’s
Office. Amongst its powers, the ICO can prosecute and issue fines of up to
£500,000 and undertake proceedings that can lead to prison sentences.
The Sex Discrimination Act 1975/97:
The Sex discrimination act 1975/97 states that employees should be
protected from any sort of discrimination based on their gender or
sexuality under the Equality Act 2010.
To comply with this law, employers must ensure that recruitment and
selection processes are free from discrimination and treat both men and
women equally. Potential employees should not be affected and given
unfair treatment and should gain access to training or promotion whatever
their gender status. If an employment tribunal is presented with a
complaint of sex discrimination, it can order the employer concerned to
pay compensation to the victim and take several other actions against the
