Employment Law | Paper On Factors Considered Before Recruitment

Added on - 30 Sep 2019

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[TYPE THE COMPANY NAME]Employment LawAssesment[Type the document subtitle]Student[Pick the date][Type the abstract of the document here. The abstract is typically a short summary of the contents ofthe document. Type the abstract of the document here. The abstract is typically a short summary ofthe contents of the document.]
ContentsIntroduction.................................................................................................................................................2The legal risks that XYZ might be taking in following the course of action outlined in this case.................2The defenses available for XYZ to deploy if an aggrieved employee or would-be employee decides to bring atribunal case and the strength of the case that could be mounted.............................................................7Advice to the senior management team when running an exercise of this kind in the future..................10References:................................................................................................................................................121
IntroductionThe following paper aims to determine the employment practices in XYZ companyand thevariousparameters such asLegal, regulatory and ethical considerations that are to be taken into accountduring the process of recruitment and the selection process of the candidates for the post of SalesDirector.As it can be observed that during the process of selection, discriminatory procedures wereadopted in the ultimate selection of MikeReplica. The changes that he proposes to implement forthe Sales team have a number of complexities which can attract a legal complications for thecompany.It is vital that XYZ company implements ethical employmentmeasures so as to avoid thelegal risks for the company. Also, some to the recommendations will be made for securing thecompany in the future from making such mistakes.The legal risks that XYZ might be taking in following the course of actionoutlined in this caseWith the retirement of Alan McSlick, XYZ decided to find his replacement internally. Thus anotice was sent to all the employees of the company that if they consider themselves as suitablecandidates for the position, they can apply for the post of ‘Sales Director.' Four applications werereceived for the position.The legal risks that XYZ could face in the below-mentioned issues are that these issues are incontravention of the Equality Act. This law tries to protect the people who are not treated equally inthe companies and workplaces or because of some stereotype or prejudice; they are disadvantaged.This act protects the people from any kind of discrimination at the workplace and protects themfrom discrimination against disability, age, marriage, race, sex, maternity and pregnancy, religionand belief, gender reassignment and sexual orientation (Act, E., 2010. Equality Act 2010.TheEquality Act.). The issues in rejection as well as selection of the candidates which are as follows:2
1.Julie, being the first of the two female employees, in the sales department,was rejected forthe only reason that she is a female.Although the management felt that she is capable forthe post, the Sales team mainly comprised of male older employees, who would not like theidea of a female, and a younger one at it, to supervise and manage their work.This, they feltcould have a negative impact on the older male customersthat makes up the user group andthey are comfortable in dealing with male employees of the company only.Since this step by the company leads to discrimination at workplace, it attracts theprovisions ofthe Employee Equality Act, 2010, which clearly prohibits discrimination atworkplaces on the basis of sex.[ CITATION Equ11 \l 1033 ], for which reason she can filea suitagainst XYZthat she was being discriminated on the basis of sex and age (Dipboye, 2013).The senior management treated her in a less favorable manner than she would have beentreated and she was not even given an opportunity to compete for this position. She wasrejected straightly on the grounds that she was a younger employee and will not be able tohandle the team of senior people and since she was a female so she won’t gel up with themale employees as well as the male customers of the company.In O’ReillyV BBC & Ano2 2200423/2010(ET), it was claimed by O'Reilly that the peopleof her company discriminated against her due to her age and sex, and she was not given thejob. The company BBC required people that were younger in age and it was held that Thecompany was responsible for the discrimination in recruitment, and they discriminatedagainst O'Reilly (Daniels, 2012).2.Aldo Viscida was the second candidate for this position. He was also a very good candidatefor this position.As a committed employee, he has many years of experience, besideswinning a number of prizes for the company andbonuses for himself.His application was3
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