UK Employment Law and Legislation

This assignment delves into the intricacies of UK employment law. It utilizes a diverse range of sources, including academic books, legal guides, and official EU directives, to analyze various facets of employment relations. The focus encompasses topics such as employee rights, European employment laws, discrimination, and gross misconduct dismissals. The provided materials offer insights into legal frameworks, case precedents, and practical applications of UK employment law.

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Executive Summary
The recruitment and selection process is a crucial task which has to be handled by the human
resource department of any company. The reason for stating this process as a crucial one is that
the success and failure of this process can impact the company directly. A person hired after
thorough evaluation can result in growth of the company and a vice versa situation can prove
costly for the company. There are a number of laws which are applicable in United Kingdom
(UK) which have to be followed and kept in mind while the recruitment and selection process of
the company. Apart from the laws of UK, the companies have to follow the laws of European
Union (EU) as UK is still a part of EU. When it comes to the internal hiring process, the hiring
process becomes all the more crucial as the company cannot discriminate against a particular
employee and proper reasons have to be given to select or not select a specific person.
Through this report, the case study of ABC Ltd. has been analysed in context of the four
individuals who applied for getting the post which was vacated as the employee decided to retire.
However, this opened up chances of a claim being made against the company, which has been
elucidated below. Apart from this, the strategies adopted by the newly hired Mike also raise
some question, which also have been discussed here. After conducting this analysis, certain
recommendations have been drawn which can be adopted by ABC Ltd for its future and also act
as a general guidelines for the other companies.

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Table of Contents
Introduction......................................................................................................................................4
Part A...............................................................................................................................................4
Joan Keenan.................................................................................................................................4
Aldo Viscida................................................................................................................................5
David Constant............................................................................................................................5
Mike Replica................................................................................................................................6
Course of Action......................................................................................................................6
Part B...............................................................................................................................................7
Joan Keenan.................................................................................................................................7
Aldo Viscida................................................................................................................................8
David Constant............................................................................................................................8
Mike Replica................................................................................................................................8
Course of Action......................................................................................................................8
Part C...............................................................................................................................................9
Conclusions....................................................................................................................................10
Recommendations..........................................................................................................................10
References......................................................................................................................................12
Bibliography..................................................................................................................................15

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Introduction
Recruitment and selection are two words which are often used interchangeably in context of the
hiring of employees. It is a process by which the best possible candidate for a function or a job is
selected after assessing the skills of such individual in context of the role for which the person is
being hired (Martin and Whiting, 2016). It is a very crucial process and has to be carried with
utmost care so that the person, who is finally hired for the job, fits the role in the best possible
manner. The recruitment and selection process has to be undertaken on the basis of the
applicable laws, the industry standards and leading practices of human resources. In UK, there
are different employment laws which have to be taken care of while this process is carried on
(Kemp Little, 2014). For instance, an equal opportunity is to be provided to each candidate and
no discrimination is to be undertaken on different basis, based on the different acts like Equality
Act, 2010.
Part A
Each action which is taken in the recruitment or selection process has to follow the different
employment related laws of UK and even that of EU. The case study reveals that a recruitment
and selection process had been adopted by ABC Ltd in order to find a replacement for Steve
Brown. And in this regard, four candidates went through the recruitment and selection process.
However, there were legal risks which charred this process for all four candidates, and these
have been summarized below.
Joan Keenan
Discrimination refers to a person a person being given less or higher preference in comparison to
another person, owing to a particular reason, for instance age, gender, religion, colour and the
like. In UK, the discrimination on basis of gender/sex is protected through Equality Act, 2010,
and this act also protects from discrimination on the basis of age. The prohibition has been
imposed through this act on both direct and indirect discrimination on the basis of prohibited
characteristic, which includes both sex and age (Sargeant, 2013). Apart from this, the Equal
Treatment Directive 2006/54/EC also require equal opportunities to be given to men and women
and them to be treated in an equal manner in the matters of occupation and employment (Official

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Journal of the European Union, 2006). In Rajaratnan v Care UK Clinical Services Ltd
UKEAT/0435/14/DA, the appeal against indirect sex discrimination was upheld with costs.
When it comes to the age discrimination, apart from the Equality Act, the Employment Equality
(Age) Regulations 2006 also puts a restriction on such discrimination (Employment Cases
Update, 2017a). In Jessemey v Rowstock Ltd and anor [2014] EWCA Civ 185, the claim of age
discrimination was upheld by the court (Swarb, 2017).
In the case of Joan, she had been out rightly rejected by senior managers on the basis that she
was a woman. Her application was not even considered owing to the fact that she was younger
than the other people, and owing to the notion that a young woman would not be able to
effectively manage the older male team. Hence, in her case, she was discriminated against on
two bases, i.e., age and gender. In this case, Joan can thus raise an issue of both age
discrimination and gender discrimination against the company.
Aldo Viscida
The Equality Act 2010 is a key piece of legislation in UK which also prohibits any kind of
unlawful discrimination against the employees, trainees and job seekers on the basis of the
elements of their race, for instance their colour, nationality, the manner of speaking, and on the
basis of perceptions associated with race. A person would be deemed to be victimized at work
when they are racially discriminated on during the selection for promotion and recruitment
(ACAS, 2017). In Kwele-Siakam v The Co-operative Group Ltd UKEAT/0039/17/LA it was held
by the EAT that the claimant had been victimized on the basis of race and thus allowed the
appeal (Employment Cases Update, 2017b).
As Aldo is originally from Milan and has poor English skills, he was not given the promotion
despite his credentials and achievements. And on this basis, Aldo can raise a claim of racial
discrimination and victimization at workplace.
David Constant
As has been discussed earlier, a case can be made under the Equality Act, 2010 for age
discrimination. In McCloud & Ors and Mostyn & Ors v The Lord Chancellor and Secretary of
State for Justice & MoJ (Case 2201483/2015; 2205075/2015), the claim of 210 judges was

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upheld by the ET as the Judicial Pension Scheme was deemed to be less favourable treatment as
a result of their age, and in some instances, based on sex and race (Employment Cases Update,
2017c).
If David here makes a claim against the company for age discrimination, the same has a chance
of being successful owing to the quoted case. This is because he was not given the promotion as
he was 61 and was soon to be retried, even when he held the most experience amongst the four
candidates.
Mike Replica
The Equality Act prohibits discrimination on the basis of marriage and civil partnership. So, the
employees have to be given equal opportunity to every person when it comes to recruitment of a
person. A person relation cannot be used to favour or discriminate against a person (Wadham et
al. 2012).
In this case, the remaining three candidates can raise a voice against the appointment of Mike on
the basis of him being married to the niece of the Finance Director and also as he played golf on
regular basis with Paul, who was the Chief Executive and lead in recruiting a replacement for
Steve. The three individuals thus can make a claim of discrimination against the company, owing
to their personal reasons, and owing to the favour of the company towards Mike.
Course of Action
a. Payment Arrangement
National Minimum Wage Act 1998 provides that a minimum wage has to be provided to the
employees. Commission cannot be substituted with salary and a minimum salary has to be paid
to the employee (Smith and Baker, 2015). Also, the employment contracts cover the salary
element and for changing this contract, approval from the employee is necessary (Hardy and
Butler, 2016). The new system adopted by Mike with immediate effect not only breaches the
quoted law, but also the employment contracts drawn.
b. Replacement Policy

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In order to adopt this policy, the unemployment compensation has to be provided to each
employee who is dismissed. Also, this can result in claims being raised against the company as
performance cannot be deemed as the sole factor, particularly when faced with tough times.
c. Medicals
This policy can open up claims of discrimination owing to the personal characteristics of a
person or their smoking habits. For this, a claim can be made as disability discrimination, as was
upheld by the c in the case of in Kaltoft v Kommunernes Landsforening Case C-354/13. So, a
claim of unfair dismissal can arise from such policy (Bowcott, 2014; Court of Justice of the
European Union, 2014).
Part B
The preceding part highlighted that a claim under Equality Act, 2010 and the other relevant
legislations can be made by Joan, Aldo and David, owing to the discrimination against them on
different grounds and owing to the favour towards Mike due to his personal relations with the
key personnel of the company. Apart from this, the plan of action to be adopted by Mike can also
be claimed upon. However, each of these claims can be rebuffed owing to weakness in each
case. This part highlights the defences which can be picked by the company in this regard.
Joan Keenan
In this case, the company can cite the inexperience of Joan in comparison to the other members
of the team. The company can show that the older male teammates hold more experience and
thus, would be able to perform the job better than Joan. A key reason which can be cited for not
selecting Joan stems from the ‘user group’ meetings which are held for the esteemed customers
of the company. This group is used to be entertained by known faces, which Joan is not. Hence,
her claim can be attempted to be weakened. Though, the chances of this happening are quite low
owing to the presence of direct age and sex discrimination.

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Aldo Viscida
In Kelly v Covance Laboratories UKEAT/0186/15/LA it was highlighted that the employer can
ask the employee to speak proper English and this would not be deemed as discrimination
(Employment Cases Update, 2017d). If the job requires a person to speak proper English, the
employer cannot be deemed as discriminating against the employee. In case of Aldo, it can be
shown by the company that his English skills are quite poor and writing of reports in regular manner
requires proper communication skills. As a sales lead, he has to interact with clients and improper
English skills would not be acceptable and can even impact the sales of the company.
David Constant
In the case of David, a chance of discriminatory claim being made by David is less likely. This is
because he wants to retire and also would need time to care for his sick wife. He himself agrees
that he would not be able to give his best and would not be able to do justice to this role. Hence,
his claim is not likely to be made, nor going to be successful.
Mike Replica
The appointment of Mike cannot be simply discarded for his marriage and civil partnership and
if the same is done it will be discriminatory on him. He is the best possible option in terms of his
innovative ideas and being experience holder. Hence, a claim where his relationship is claimed
as a reason for discrimination would also fail.
Course of Action
a. Payment Arrangement
The chances of this claim being a success are quite high as there is a need to continue with
paying basic salary to the employees and the same cannot be replaced by commission. Also, the
same has not been amended in the contracts of the employees and applied with immediate effect,
which would increase the chances this claim being a success.
b. Replacement Policy

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This policy, although can be claimed against, but has different benefits in terms of the employees
being motivated to work better. By bringing new talent on regular basis, this policy can be
effectively defended.
c. Medicals
The company can show that it is concerned about the health of its employees and that it is not
dismissing any employee, and instead is working on making them healthy and fit.
Part C
An employee relation refers to the efforts of the company which are undertaken for managing the
relationship between the employer and the employee. When a good employee relations program
is adopted in the company, the company is able to provide a fair and a consistent treatment to all
of its employees which allow the employees in being committed towards their job and also in
being loyal to the company (Gennard and Judge, 2005). These are typically deemed as the
human resource strategies for making certain that the people of the organization are used most
effectively for attaining the goals of the company. The companies have to adopt such recruitment
and selection strategy which helps the company in attaining their objectives (Argue, 2015). In
this regard, there is a need to ensure that the proper laws are followed; the needs of the
employees are considered; a proper remuneration structure is chalked out; reasonable flexibility
is given to the employees; and equal opportunity is given to each and every candidate (Aylott,
2014).
The case study given shows certain employee relations issues particularly with regards to the
future action plan which has been drawn by Mike. This is because the ideas of Mike are quite
aggressive and can also be deemed as imposing. Basing the entire earning of an individual on
commission is an unfair approach and instead, there was a need for Mike and other senior
managers to adopt an approach where the salary of the employees is continued. Though, this can
be coupled with a different commission based strategy, for instance, an increasing commission
based approach where the incentives are linked with volume, in brackets. A stringent approach
could otherwise make the employees leave the company. This proves particularly true with
regards to the regular medicals which the employees are forced to undergo. A person may be

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obese owing to a certain medical problem or may have difficulty in quitting smoking. Imposing
fitness can thus prove costly for the company. Also, only performance being deemed as a
measure threatens the job security of a person, which can result in the company losing its
employees, when it already faces tough competition from industry giants.
Conclusions
From the discussion carried in the previous segments, it can be concluded that recruitment and
selection process is a very crucial task for the human resource department of any company. The
role of human resource department is enhanced as the selection of right candidate is a key
choice. A lot of time and effort is involved in this process and thus there is a need to select the
best candidate. The case study highlighted how different problems can be raised when it comes
to the recruitment and selection of a person, particularly when it relates to internal hiring of a
person for replacing another employee. The case highlighted how the company and the human
resource department could have to face flak owing to discrimination on different grounds
including sex, age, race, disability and the like. Thus, it becomes the duty of the HR to ensure
that the recruitment and selection process has no ounce of discrimination against any party or it
may result in a case being made against them. To conclude, there is a need to ensure that this
process is free of any kind of bias and discrimination.
Recommendations
The discussion carried above provided valuable insights for the future practices which have to be
adopted by ABC Ltd in order to reflect the best practices under the employment law, as well as
under the HRM field. And on these bases, certain recommendations have been drawn.
a. The first and foremost requirement is for the companies to adopt the employment laws
and integrate the same in the recruitment and selection procedure.
b. There is a need to ensure that a proper policy is drawn which chalks out the expectations
from the people and the job profile so that the people can know if they have the relevant
experience to get the job.

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c. There is a need to employ the industry a standard when it comes to recruitment polices
and also adopt the guidance by bodies like CIPD, i.e., Chartered Institute of Personnel
and Development and ACAS, i.e., Advisory, Conciliation and Arbitration Service
(Martin and Whiting, 2016).
d. The policies have to be drawn in a manner where the needs and situations of the
employees in general are upheld. A deliberate imposition of harsh strategies could result
in high labour turnover.
e. There is also a need to make the staff aware about the different rights which they have
under the different UK employment laws, for instance collective bargaining, freedom of
association and the right to be treated equally (Mantouvalou, 2012).

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References
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Argue, M. (2015) The Importance of the Strategic Recruitment and Selection Process on
Meeting an Organisations Objectives’. [Online] Dublin Business School. Available from:
http://esource.dbs.ie/bitstream/handle/10788/2873/mba_argue_m_2015.pdf?sequence=1
[Accessed on: 09/11/17]
Aylott, E. (2014) Employee Relations. London: Kogan Page Limited.
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Employment Cases Update. (2017a) Rajaratnan v Care UK Clinical Services Ltd
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and Secretary of State for Justice & MoJ (Case 2201483/2015; 2205075/2015). [Online]
Employment Cases Update. Available from:
https://www.employmentcasesupdate.co.uk/site.aspx?i=ed34978 [Accessed on: 09/11/17]

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Employment Cases Update. (2017d) Kelly v Covance Laboratories Ltd UKEAT/0186/15/LA.
[Online] Employment Cases Update. Available from:
https://www.employmentcasesupdate.co.uk/site.aspx?i=ed28967 [Accessed on: 09/11/17]
Gennard, J., and Judge, G. (2005) Employee Relations. 4th ed. London: Chartered Institute of
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Sargeant, M. (2013) Discrimination and the Law. Oxon: Routledge.
Smith, I., and Baker, A. (2015) Smith & Wood's Employment Law. 12th ed. Oxford: Oxford
University Press.

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Swarb. (2017) Jessemey v Rowstock Ltd and Another: CA 26 Feb 2014. [Online] Swarb.
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[Accessed on: 09/11/17]
Wadham, J. et al. (2012) Blackstone's Guide to the Equality Act 2010. Oxford: Oxford
University Press.

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