Case Study on Employment Law, Recruitment Ethics, and Legal Risks

This case study examines employment law and recruitment ethics, focusing on a scenario where ABC Ltd. faces legal risks due to discriminatory practices in the selection of a Sales Director. The case highlights issues of sex and age discrimination, nepotism, and unfair treatment of candidates. The analysis discusses relevant legislation, including the Equal Pay Act, Sex Discrimination Act, and Equality Act 2010. It explores potential legal defenses for the employer and addresses employee relations issues, emphasizing the importance of good recruitment practices and a positive work environment. The case concludes with recommendations for improving recruitment processes and fostering trust between employees and the organization, underscoring the need for fair and transparent practices to avoid legal challenges and promote a healthy workplace.

Employment Laws
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Recruitment Ethics case study

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Contents
Executive Summary........................................................................................................................................................1
Introduction.....................................................................................................................................................................1
Task/Assignment Discussion..........................................................................................................................................2
Question A.................................................................................................................................................................2
Legal risks that ABC Ltd......................................................................................................................................2
Potential defence an employer..............................................................................................................................4
Question B..................................................................................................................................................................4
Possible defence that ABC Ltd.............................................................................................................................4
Question C..................................................................................................................................................................5
Employee relations issues.....................................................................................................................................5
Senior management team and application of good practice in recruitment and selection....................................6
Conclusion......................................................................................................................................................................7
Recommendations...........................................................................................................................................................8
Bibliography...................................................................................................................................................................9
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Executive Summary
The companies, organisations and the business along with the human resources team and other
personnel who assists in the process of recruitment as a whole and in so doing create the
advertisements along with the job descriptions, but can also be done through the internal
recruitment process, which is the selection of the candidates from within the company. This
paper focuses on the ethics which are not maintained in the process of the recruitment and also
discriminatory tactics are present in such forms which includes the crucial head sex, age and also
the discrimination backed by nepotism and favouritism. This paper also discusses the
recommendations which must be followed so as to increase the level of confidence and trust in
the business between the employees and the organisation at large.
Introduction
The sources of the United Kingdom, employment is majorly based on the judicial precedence i.e.
the common law, along with the statues and the European legislation. There are a number of
legislation for the protection of the employment, but based on the case study provided, the
legislations which can govern this type of situations are, Equal Pay Act 1970 (UK Government,
1970), Health & Safety at Work etc Act 1974 (UK Government, 1974), Sex Discrimination Act
1975 (UK Government, 1975), Employment Tribunals Act 1996 (UK Government, 1996),
Employment Rights Act 1996 (UK Government, 1996), National Minimum Wage Act 1998 (UK
Government, 1998), Human Rights Act 1998 (UK Government, 1998), Employment Act 2002
(UK Government, 2002), Equality Act 2010 (UK Government, 2010), and Employment
Relations Act 2004 (UK Government, 2004). There are other legislations too which cover the
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disability, age and other types of discriminations also. Recruitment and Selection must be such,
where the needs for modernising organisation will be met, by providing the service to the job
seekers which will hold the quality and will be equally fair, and also transparent, thereby
promoting a better image of the employer company who is in the process of recruitment and
must also provide the equal treatment and opportunities for all.
Task/Assignment Discussion
Question A
Legal risks that ABC Ltd
The recruiting company must only focus on the legal or ethical issue so that they can avoid in
ending up with major conflicts which can give rise to a facet of litigation. The basic rights and
freedom as provided under the Human Rights Act of 1998 (UK Government, 1998), provides the
rights and the recognition needed of a human being for a different human being. The recruitment
is the very process where the job applicants or the job seekers apply for the position in
accordance with the job description provided or advertised by the employer, thus, through this
process the equality is delivered within the workplace. So, in order to stay in compliance with the
various legislations, the company must stay away from those practices which will causes
discrimination. In this instant case, the company ABC Ltd., for replacing and recruiting the
position of the Sales Director so occupied by Steve Brown, thought to make the recruitment
internally and in so doing considered application from four persons, namely Joan Keenan, Aldo
Viscida, David Constant, Mike Replica, who actually placed their application through email fort
the position of the Sales director. The candidates so named as Joan Keenan, Aldo Viscida, David
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Constant, Mike Replica, was never called for the interview, but Chief Executive, Paul MacBarrel
along with his Finance Director, his Company Secretary and Steve Brown to make a decision
about who should be promoted to the vital role of Sales Director. The 1st candidate being Joan
Keenan, judged to be the good recruit, but her application was ab inito rejected due to the fact
that she was a woman and for being the woman, she will not be considered and obeyed in that
higher position, by other older male candidates under the team. The 2nd person so, considered
was Aldo Viscida, was also rejected due to the fact that he is not good in English writing, where
the position requires good writing skills. 3rdly, David Constant was considered and subsequently
rejected due to the very fact that he has family constraints and also, he is approaching the age of
superannuation. 4th consideration was that of Mike Replica, who is the husband to the niece of
Finance Director in the recruitment Board and also the person who regularly plays golf with the
Chief Executive, Paul MacBarrel. Mike Replica was considered for position due to the fact that
he has plenty of interesting ideas about how to develop both the role and the team.
So, the issues involved is only with three person who were considered, they being Joan Keenan,
David Constant and finally the one Mike Replica, who was selected. Joan Keenan was rejected
due to the fact that she is a woman (Cailin S. Stamarski, 2015), so the company ABC Ltd. does
the discrimination as against her based on sex and thus, falls under the purview of (North and
Ors v Dumfries and Galloway, 2013) and the (Ndebele v A Bubble Company Ltd, 2017), Sex
Discrimination Act (UK Government, 1975) along with the decision on victimisation as was held
in (Taiwo v Olaigbe, 2016)and also in (Rowstock Ltd & Anor v Jessemey (EHRC Intervening),
2012). Again, David Constant, in spite of having expertise and experience was rejected due to
ageism was held in (Lockwood v Department of Work and Pensions & Anor, 2013)and also in
(Homer v West Yorkshire Police, 2012) and in (Seldon v Clarkson Wright and jakes, 2012) and
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thus, draw closely the discrimination as to the age and hence falls within the scope and purview
of (UK Government, 2010). Finally, Mike Replica who was shown direct and intentional
favouritism, was the right candidate according to the company, thus, ran the risk of showing
favouritism or rather nepotism, which is essentially a biased determination and is obviously a
discrimination and will be very much detrimental to the company at large.
The candidate, Aldo Viscida was rightly rejected, due to the fact that he does not meet the job
criteria, cannot be held to be a discrimination.
Potential defence an employer
The employer against the claim of discrimination brought by the employee can be avoided based
on the established of the fact of the vicarious liability by prohibiting the individual who carried
out the act of discrimination and shifting the burden for the deployment of the discriminatory
tactics on that individual.
Question B
Possible defence that ABC Ltd
The defence for the discriminatory claim is based on the prima facie discredit of the attacking
employee. So, the employee tries to prove that there is harm so faced by him due to the
discriminatory tactics so done. But, the employer could defend himself, if he can establish the
fact that there were anti- discrimination policies which was being actively communicated and
those policies were effectively administered and incorporated and corrective action was also
taken to stop the discrimination. Again, if the employer can establish that discriminatory action
so done is by the employee and, that employee did the tactics of the discrimination out of the
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course of the work then the employer will also not get the burden of vicarious liability. Thus,
ABC Ltd. being a company is a legal person, having the capacity to sue and get sued, so it has a
separate legal personality distinct to its directors, shareholders, etc. So, the company being the
employer to Joan Keenan, Aldo Viscida, David Constant, Mike Replica, along with Steve
Brown, Chief Executive, Paul MacBarrel with his Finance Director, and Company Secretary, do
not have any responsibility to take the liability for the discrimination so done by Paul MacBarrel
with his Finance Director, and Company Secretary, since the company’s policy cannot have such
clause which will cause to have discrimination, it is due to the fact that upholding discriminatory
tactics is detrimental to the stated legislations.
Question C
Employee relations issues
Employee relations is the employee's relationship with an employer. Human resources
personnel, have the duty to maintain this relationship by employee policies implementation
which will establish rules for determining the performance, along with the conduct, and also the
conflict of interest which arises quite often within an organisation. Thus, it is crucial to manage
the employee relations issues, so that the employers can take necessary steps for the correction of
the inappropriateness in the behaviour of the employees and in so doing can also promote the
workplace more structurally and more productively (Matthew Bidwell, 2013). Harassment in the
workplace, followed with discrimination and lack of equal opportunities are the common legal
issues which are faced by the employees and so the employers have the legal obligation to
protect the employees from all these aspects of the discrimination and must come up with the
possible solution or the remedy in a quick pace and must build some approach which will not
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manage the factors affecting the employees but also will try to eliminate them in due course and
must also accommodate those employees who may be in the requirement of the modification of
the jobs due to the aspects of the pregnancy or disability, without causing humiliations or
harassments to them.
Senior management team and application of good practice in recruitment and selection
Conflicts and the clashes regularly emerge in the working environment between collaborators,
and also amongst representatives and directors. Keeping up great worker relations decreases
working environment struggle, raise staff confidence and increment general efficiency. At the
point when debate emerge, supervisors must actualize particular systems for determination while
keeping up ideal working connections. There are ways that the organization can enhance worker
relations and help to make your working environment more productive and useful. Building up
and keeping up great work connections is the way to a positive work environment. These
systems enable workers to voice their worries and have the issues settled inside. Representative
relations are the way in which administration addresses and interfaces with the staff (Raghavi,
2013). Peace making additionally enables bosses to report the conditions encompassing a
specific occurrence and how the issue was settled. This will help bosses if a comparative
circumstance emerges. All organizations can cultivate positive work environment connections by
making a solid statement of purpose and a cheery group based condition. Laborers can begin to
feel that they are an idea in retrospect to the general running of the organization. Powerful
organizations energize the advancement of positive connections amongst supervisors and
representatives and additionally among collaborators. Conveying an update or email to educate
representatives of essential organization data is wasteful and generic yet can have the impact of
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the security with the workers, which will fabricate and build up the trust and certainty between
the businesses and the workers. Along these lines, reinforcing the work environment connections
by setting clear desires, rehearsing consistent correspondence and offering opportune reactions to
both positive work environment conduct and worker issues or concerns. As the representatives
are among the most critical assets in an association, so it is the obligation which should work in
an approach to enhance correspondence with the staff, so having normal organization gatherings
to acquaint imperative data with representatives, and furthermore enabling the representatives to
make inquiries is a decent approach and sound practice.
Conclusion
Discrimination is not always negative and also not every time the discrimination is unlawful.
Situations can be like that, when there is a law which specifically states that some people needs
to be treated differently, thus this case cannot be held to the unlawful discrimination under the
Equality Act. Again, in case of national security, the discrimination if done to a single individual
or a group then that will also not be unlawful, but that discrimination must only be for the safety
and security of the nation at large. But discrimination at workplace cannot fall under the
exceptions as stated above and thus, any sort of discrimination will be very much costly for the
company and hence practices must be adopted to avoid that, so as to save the company from
bearing the burden of unnecessary fines and litigations.
Recommendations
Creating the concise mission statement of the company and the employee must have each of the
copies to be distributed to them, whereby the mission statement must focus on the very purpose
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of the business, so that there can be a chance to discuss the mission statement with the employees
based on their individual roles in the company. Also, the teamwork can be encouraged by
creating team- building activities, where the good relationships can be charged up with the
efficiency and the collaboration in the workplace. Clearly set goals with focus on the goals which
can be measured based on the precise instructions and which will then be topped with the
possible rewards based on the performance which crosses the line of expectations.
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Bibliography
Cailin S. Stamarski, L. S. S. H., 2015. Gender inequalities in the workplace: the effects of organizational structures,
processes, practices, and decision makers’ sexism. Frontier Psychology.
Homer v West Yorkshire Police (2012).
Lockwood v Department of Work and Pensions & Anor (2013).
Matthew Bidwell, F. B. I. F.-M. a. A. S., 2013. The Employment Relationship and Inequality: How and Why
Changes in Employment Practices are Reshaping Rewards in Organizations. Academy of Management Annals, pp.
16-121.
Ndebele v A Bubble Company Ltd (2017).
North and Ors v Dumfries and Galloway (2013).
Raghavi, K. a. N. G., 2013. Role of Human Resources as Change Agent in Enabling Equal Opportunity Practices..
Journal of Economics, Business and Management , pp. 300-303.
Rowstock Ltd & Anor v Jessemey (EHRC Intervening) (2012).
Seldon v Clarkson Wright and jakes (2012).
Taiwo v Olaigbe (2016).
UK Government, 1970. Equal Pay Act, s.l.: s.n.
UK Government, 1974. Health and Safety at Work etc. Act, s.l.: s.n.
UK Government, 1975. Sex Discrimination Act, s.l.: s.n.
UK Government, 1996. Employment Rights Act, s.l.: s.n.
UK Government, 1996. Employment Tribunals Act, s.l.: s.n.
UK Government, 1998. Human Rights Act, s.l.: s.n.
UK Government, 1998. National Minimum Wage Act, s.l.: s.n.
UK Government, 2002. Employment Act, s.l.: s.n.
UK Government, 2004. Employment Relations Act, s.l.: s.n.
UK Government, 2010. Equality Act, s.l.: s.n.
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