Employment Law and Employee Security
Added on 2020-01-28
11 Pages3291 Words72 Views
Political ScienceLaw
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EMPLOYEE LAW ANDRELATIONS
EXECUTIVE SUMMARYRecruitment is the process to identify the requirement to hire employees and then callingapplications in respect to them. Once the requisite number of applications are received, astructured selection process commences, which chooses the candidates suitable for the job. BCLtd in the present case has decided to undertake internal recruitment for the position of SalesDirector in the company. The potential claims which may be raised against ABC Ltd are allarising from the Equality Act 2010. The statutory defence of 'all reasonable steps' shall requirethe company to establish that the recruitment and selection policy followed by the managementspecifically prohibits discrimination. Another defence which can be raised by the company is inrelation to 'Objective Justification' Defence. In pursuance to this defence it shall be establishedby the company that the action under consideration was proportionate in nature and wasundertaken only for attainment of legitimate aims. In light of the issues it is recommended that acomprehensive 'code of practice' shall be drafted and strictly implemented in the organization. Afriendly approach shall be adopted towards the employee in order to keep them satisfied andengaged in their work. A systematic approach of performance evaluation shall be installed.
TABLE OF CONTENTSINTRODUCTION...........................................................................................................................1a. Legal Risks ABC Ltd. may face in consequence to the course of action...........................1b. Defences Available with ABC Ltd.....................................................................................2c. Employment Relations Issues.............................................................................................4CONCLUSION................................................................................................................................5RECOMMENDATIONS.................................................................................................................6REFERENCES................................................................................................................................7BIBLIOGRAPHY............................................................................................................................8
INTRODUCTIONThe recruitment and selection process occupies a highly critical position in the operationsof any organization. This is the process with the assistance of which corporates are enabled toabsorb one of the most crucial resources in the form of their employees. Thus, in essencerecruitment is the process to identify the requirement to hire employees and then callingapplications in respect to them. Once the requisite number of applications are received, astructured selection process commences, which chooses the candidates suitable for the job.However, it is imperative for the concerned management to assure compliance by all theapplicable legislation, at each and every step of the entire process (Barnard, 2012). It has beenobserved that this process is prone to enforcement of Equality Act of the nation, which inessence prohibits practising discrimination in any form. Apart from this statute, this process issubject to Human Rights Law, employment contract law, health and Safety law and such otherstatutes which govern the employee relations in an organization. a. Legal Risks ABC Ltd. may face in consequence to the course of actionABC Ltd in the present case has decided to undertake internal recruitment for the positionof Sales Director in the company. In pursuance to the same, name of four candidates have beenshortlisted. This list has been prepared on the basis of intentions communicated by variousemployees of the company. Moreover, it is important to state that the decision of undertaking aninternal recruitment is completely within the facets of law and is supported by the opinion of thecourt in Archibad v. Fife Council (2004). The first candidate being considered by management in the present case is of JoanKeenan, who is a recent recruit and one of the two female members of sales team. Theapplication of Joan has been out rightly rejected by the management on basis of the fact that sheis a young women (Selwyn and Emir, 2014). In the case of James v. MSC Cruises it was held bythe court that indirect or direct discrimination on the basis of gender is a violation of EqualityAct 2010. In other words, every employer is required to give equal opportunities to theemployees under consideration. Thus, in this instance ABC Ltd may face legal liability underEquality Act 2010 on the basis of protected characteristic of sex discrimination. It is important tonote that the decision in respect to the concerned candidate has completely ignored thecompetence level she has reflected over the short time of her association (Beecroft, 2011).1
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