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Employment Essentials
for
Vocational Dental Practitioners
May 2013
Derek Eccleston
Workshop Objective:
To provide you with a brief overview of the
legal framework which governs
employment.
Outline of the session:
Recruitment – what does the law say?
Some Employer rights and liabilities
Prepared for a tough session ?
Recruitment and Selection
• More competitive market than in recent years!
• Selecting the right candidate will be more of a challenge
Job Descriptions and Person Specifications
• Can I request one?
• What should they contain?
• Tools for defending employment tribunal claims!
Recruitment - Good Practice
Range of selection Techniques
Train interviewers
Expenses
Interview records
Forms of Unlawful Discrimination
• Age• Disability• Gender reassignment• Marriage and civil partnership• Pregnancy and maternity• Race• Religion or belief• Sex• Sexual orientation• Trade Union membership• Equal pay
The Recruitment Process ..... what the law says
Equality Act 2010
Discrimination:
Direct – intent, blatant …. Defence?
Indirect Discrimination
Indirect (sex) discrimination: definition
• Involves application of a provision, criterion or practice
equally (ie to men and women)
• This would be to the detriment of a larger proportion of
women than men.
• Is to their detriment.
• Is not justifiable irrespective of sex. (Business case
defence). Is there a legitimate business reason?
Religion and Belief
Religion & Religious Belief
• On grounds of religion, religious belief or similar philosophical belief
The Courts have had regard to case law of the European Court of Human Rights to the effect that, for a belief to
qualify for protection, it must have:
sufficient cogency, seriousness, cohesion and importance, in addition to being worthy of respect in a
civilised society.
• Courts will have to decide disputed cases
Disability Discrimination
Definition:
“A physical or mental impairment which has a
substantial and long term adverse effect on his or
her ability to carry out normal day to day activities”
NB Special rules cover Cancer; MS and HIV.
Disability discrimination
Reasonable Adjustments – employers duty to consider:
Altering premises Allocating some duties to someone else Altering working hours Changing the place of work Supplying additional training Acquiring or changing equipment
Advertising
Short listing
Rejecting candidates
INTERVIEWING
Recruitment & Selection
Interviewers should!! Keep the questions relevant to the job.
Prepare questions in advance – so should you.
Keep a record of interview
Avoid stereotyping; making snap decisions
Recruitment & Selection
References
• Requesting references
• Relying on references
- Accuracy: data protection
- Duties of care
Medicals
• Requiring medicals
- Privacy
- Data protection
• Medical questionnaires – latest position• Drugs, alcohol testing• Disability
Social Media sites
• Watch what you post!!
Part Two• Employment Status – why does this matter?
Harassment
• “Unwanted conduct which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment”
• .....subject to a test of reasonableness• Employer vicariously liable for acts done in the
course of employment – meaning?• Defence
Harassment, Bullying and Vicarious Liability
• Individual responsibility
• Vicarious Liability
• Working alongside Employees of the business that engages you
Employment Documents
We now sell employment policies, letters and contracts on
line!
Go to employmentlawtemplates.co.uk
Employment Law Training Ltd
Practical Workshops and advice for Employers on all Employment Topics
tel: 01789 470 700email: [email protected]: www.eltraining.co.uk