The rehabilitation of offender's act 1974
enables some criminal convictions to be ignored or spent; this is after
a rehabilitation period. A rehabilitation period is a set date from the
date of the conviction. After this period is over with certain
exceptions, the ex offender is not obliged to mention this to the
employer when applying for the job. However if the applicant fails to
reveal any unspent convictions then he/she can be dismissed on the basis
of dishonesty.
Due to the sensitive nature of some
employment there are some exceptions to the act. These include
appointments to jobs where national security can be at risk, for example
certain posts in the civil services, such as defence contractors. How
this affects the recruitment process The way the rehabilitation of
offenders act affects the recruitment process is when the business
advertise the job they cannot state that they don't want any applicants
with any criminal convictions.
The business will provide a section on
the application form and they will ask the applicant if they have had
any previous convictions. This can affect the recruitment process
because the business cannot say to the applicants that they are not
giving the same opportunities as another employee because of their
previous convictions. This would be breaching the equal opportunities
and the rehabilitation offender's act. If the employees or applicants
are not treated fairly then they can be taken to a tribunal.
Consequences If the business does not
follow these rules then the business can be taken to a tribunal for
unfair dismissal. The business must follow these strict procedures to
avoid being taken to a tribunal. Sex Discrimination Act The Sex
Discrimination Act 1975 is an Act of the Parliament of the U. K to
protect men, women and Tran gendered people from discrimination on the
grounds of gender. The Act is mainly in relation to employment,
training, and education. The discrimination cannot be direct or
indirect.
Direct discrimination is when a
particular gender is discriminated. For example a business cannot have a
job advertisement stating 'salesmen'. This is because a female can have
the right requirements for the job and the female gender is not being
considered for the job. Indirect discrimination could be when there is a
job advertisement requesting an employee who can lift 30kg. This is
discrimination because it is stating that the business wants strong
people and it is unlikely that a woman would pick up 30kgs. How this
affects the recruitment process
The sex discrimination act affect the
recruitment process because when the business designs the job
description and person specification, the business needs to make sure
that it does not contain any sexist language. The business also needs to
ask itself has it in any way discriminated against one of the sexes.
The application form also must be designed so that they don't ask any
leading questions which could indirectly discriminate against male or
females. During the recruitment process the employer must not be
influenced on gender when selecting candidates.
Consequences The business will need to
consider the selection process as they cannot reject any candidates due
to their sex. The business will need to plan the question before hand so
they don't end up asking sexist questions which the business can later
regret due to legal reasons. The business can be taken to a tribunal if
the applicant feels he or she have not been treated to the best of
ability be a business. If the business is taken to the tribunal then it
could end up paying a lot of compensation and the business can lose
their reputation.
The Race Relations Act, it is unlawful to
discriminate against anyone on grounds of race, color, nationality, or
ethnic or national origin. The Race Relations Act generally applies to
the fields of employment, planning, housing, the exercise of public
functions both by public authorities and also private bodies exercising
public functions. How this affects the recruitment process The way the
Race Relation Act affects the recruitment process is that the business
must make sure they are not in anyway discriminating anyone because of
their cultural backgrounds when recruiting for a job.
The application form should be designed
so that it encourages everyone from every culture to apply for the job.
When in an interview the business must not discriminate anyone because
of their cultural backgrounds either directly or indirectly. The race
relations act makes it clear that no person can be discriminated on the
base of their gender or their background or any other matter. This
allows a more comfortable and enjoyable work environment.
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