5OS01- Specialist Employment Law Evaluate the principles of discrimination law in recruitment, selection and employment. (AC 2.1)
Charlotte and Madeleine, owners of Peachy Desserts Ltd, need to be aware of how discrimination legislation affects their approach to recruitment and selection, particularly for their two new branch openings. The Equality Act 2010 is the main piece of legislation in the UK that prohibits discrimination in the workplace and aims to ensure equal treatment and protection from unfair and unjust treatment based on specific protected traits (Hackett, Steptoe & Jackson, 2019).
Protected Characteristics under the Equality Act 2010
The Equality Act 2010 prohibits discrimination based on nine protected characteristics: Age, Disability, Gender reassignment, Marriage and civil partnerships, Pregnancy and maternity, Race, Religion or belief, Sex, Sexual orientation (Hackett, Steptoe & Jackson, 2019). These protections apply to all stages of employment, including recruitment and selection.
Recruitment and Selection Considerations
When recruiting and selecting employees, it is essential to ensure that job postings, application forms, and interview processes do not discriminate against individuals based on their protected characteristics (Hackett, Steptoe & Jackson, 2019). Employers must use objective, nondiscriminatory criteria to evaluate candidates and make hiring decisions. For example, specifying a preference for young men in job postings can be seen as age and sex discrimination.
Implications of Appointing Young Men Only
Charlotte and Madeleine’s decision to appoint only young men to avoid dealing with retirement and maternity leave is discriminatory on two grounds age and Sex discrimination.
Employers are legally required to make decisions based on relevant, impartial, and objective factors. Discriminating against applicants because of their age, sex, or other protected characteristics is unlawful and can result in legal consequences (Hackett, Steptoe & Jackson, 2019).
Best Practices for Compliance
To comply with the Equality Act 2010 and promote fairness in recruitment, Charlotte and Madeleine should: Create Inclusive Job Postings, Evaluate candidates based on their qualifications, experience, and skills relevant to the job, and establish and enforce policies that prevent discrimination in all employment practices.
Discuss the legal requirements of equal pay. (AC 2.2)
The goal of equal pay laws is to ensure that everyone receives equal compensation for performing equal or similarly valuable work. In the United Kingdom, the primary legal framework for equal pay standards is the Equality Act 2010 (EA). This act covers gender discrimination and other protected characteristics (Hackett, Steptoe & Jackson, 2019).
Equal Pay Provisions under the Equality Act 2010
Under the EA, employees are entitled to equal pay if they can demonstrate that they are being paid less than a person of the opposite sex for work of equal value (Hackett, Steptoe & Jackson, 2019). To defend against an equal pay claim, an employer must show that the pay disparity is due to a genuine, material factor unrelated to the employee’s sex. Such factors may include qualifications, skills, experience, or market forces.
Addressing Cat’s Concern
To ensure compliance with the Equality Act 2010 and address Cat’s concern, Charlotte and Madeleine should consider the following steps: Conduct a Pay Review, ensure Nondiscriminatory pay Criteria, document Pay Structures, and promote Wage Equity.