Unit 13 –
Recruitment
and
Selection
P2
Mahbub Rahman
,Mahbub Rahman – Unit 13 – P2
Table of Contents
Legal issues ..............................................................................................................................................2
Introduction .........................................................................................................................................2
Why do businesses need legislation ....................................................................................................2
Current UK and European Union legislation .......................................................................................2
Sex Discrimination Act 1975/1997 ......................................................................................................2
Race Relations Act 1992 ......................................................................................................................3
Equal Pay Act 1970 ..............................................................................................................................3
Disability Discrimination Acts 1995 and 2005 .....................................................................................3
European Working Time Directive.......................................................................................................4
Employment Acts 2002 and 2008, and the Work and Families Act 2006 ...........................................4
National Minimum Wage.....................................................................................................................4
Data Protection Act 1998 ....................................................................................................................5
Ethical issues ............................................................................................................................................5
Introduction .........................................................................................................................................5
Why businesses need to consider ethical issues .................................................................................5
Asking the same questions ..................................................................................................................6
Interviewers relation to the candidate ................................................................................................6
Gender and ethnic balance ..................................................................................................................6
, Mahbub Rahman – Unit 13 – P2
Mahbub Rahman – Unit 13 – P2 – Explain the impact of the legal and
regulatory framework on recruitment and selection activities
Legal issues
Introduction
In this section of the task, I am going to explain the key legal requirements of selection
interviews and their impact on recruitment and selection interviews.
Why do businesses need legislation
Businesses need legislation to be used as a guide on how to treat candidates when being
selected for a job. It generally says what employers can and cannot do. They must comply
with the legislation in order for the recruitment process to be fair, and so that everyone has
equal access to job vacancies. Legislation also protects the employers, which is implied in
the Disability Discrimination Acts.
Current UK and European Union legislation
The United Kingdom is currently governed by two key areas of legislation; UK laws and EU
laws. The EU (European Union) has 25 European states that are integrated, which allows
them to freely move people, goods and services across them. Any EU legislation will affect
the UK, since the UK is one of those European states.
Sex Discrimination Act 1975/1997
This act was first brought about in 1975, and then again in 1997. It demands that men and
women are treated equally in the workplace, so there is no discrimination towards anyone
because of their gender, sex, marital status, or because they have had their gender
reassigned. This act also demands that someone cannot be hired just because they are a
man or a woman, so the organisation must have justifiable reasons for hiring the applicant.
There are two types of discrimination; direct and indirect. An example of direct
discrimination would be when an organisation chooses to promote an under-qualified male
employee instead of a female employee who has the right qualifications and experience. An
example of indirect discrimination would be when a job has requirements that one
gender/sex cannot meet (e.g. a job requires regular travelling around the world, but it
would be difficult for a mother to do so because she has children to look after at home).
This act doesn’t apply for certain jobs if they are directed at a particular gender/sex (e.g. a
youth worker who helps young women may have to be female herself in order for the
objectives of the job to be met sufficiently). It also doesn’t apply if there is an under-
representation of a certain group in an organisation, so steps can be made to encourage
that group to take on job roles in that organisation (e.g. free management courses for
women if there aren’t enough women in an organisation). This legislation impacts the
recruitment process as it means that employers cannot choose one candidate over another,
Recruitment
and
Selection
P2
Mahbub Rahman
,Mahbub Rahman – Unit 13 – P2
Table of Contents
Legal issues ..............................................................................................................................................2
Introduction .........................................................................................................................................2
Why do businesses need legislation ....................................................................................................2
Current UK and European Union legislation .......................................................................................2
Sex Discrimination Act 1975/1997 ......................................................................................................2
Race Relations Act 1992 ......................................................................................................................3
Equal Pay Act 1970 ..............................................................................................................................3
Disability Discrimination Acts 1995 and 2005 .....................................................................................3
European Working Time Directive.......................................................................................................4
Employment Acts 2002 and 2008, and the Work and Families Act 2006 ...........................................4
National Minimum Wage.....................................................................................................................4
Data Protection Act 1998 ....................................................................................................................5
Ethical issues ............................................................................................................................................5
Introduction .........................................................................................................................................5
Why businesses need to consider ethical issues .................................................................................5
Asking the same questions ..................................................................................................................6
Interviewers relation to the candidate ................................................................................................6
Gender and ethnic balance ..................................................................................................................6
, Mahbub Rahman – Unit 13 – P2
Mahbub Rahman – Unit 13 – P2 – Explain the impact of the legal and
regulatory framework on recruitment and selection activities
Legal issues
Introduction
In this section of the task, I am going to explain the key legal requirements of selection
interviews and their impact on recruitment and selection interviews.
Why do businesses need legislation
Businesses need legislation to be used as a guide on how to treat candidates when being
selected for a job. It generally says what employers can and cannot do. They must comply
with the legislation in order for the recruitment process to be fair, and so that everyone has
equal access to job vacancies. Legislation also protects the employers, which is implied in
the Disability Discrimination Acts.
Current UK and European Union legislation
The United Kingdom is currently governed by two key areas of legislation; UK laws and EU
laws. The EU (European Union) has 25 European states that are integrated, which allows
them to freely move people, goods and services across them. Any EU legislation will affect
the UK, since the UK is one of those European states.
Sex Discrimination Act 1975/1997
This act was first brought about in 1975, and then again in 1997. It demands that men and
women are treated equally in the workplace, so there is no discrimination towards anyone
because of their gender, sex, marital status, or because they have had their gender
reassigned. This act also demands that someone cannot be hired just because they are a
man or a woman, so the organisation must have justifiable reasons for hiring the applicant.
There are two types of discrimination; direct and indirect. An example of direct
discrimination would be when an organisation chooses to promote an under-qualified male
employee instead of a female employee who has the right qualifications and experience. An
example of indirect discrimination would be when a job has requirements that one
gender/sex cannot meet (e.g. a job requires regular travelling around the world, but it
would be difficult for a mother to do so because she has children to look after at home).
This act doesn’t apply for certain jobs if they are directed at a particular gender/sex (e.g. a
youth worker who helps young women may have to be female herself in order for the
objectives of the job to be met sufficiently). It also doesn’t apply if there is an under-
representation of a certain group in an organisation, so steps can be made to encourage
that group to take on job roles in that organisation (e.g. free management courses for
women if there aren’t enough women in an organisation). This legislation impacts the
recruitment process as it means that employers cannot choose one candidate over another,
