Employment Law

CONSIDERING ADVERTISING FOR A NEW EMPLOYEE?

PREPARATION IS THE KEY!

Most employers are aware of the importance of a properly drafted contract of employment for all of their employees but do not necessarily realise the importance of a properly drafted advert or application form. 

Employees do not normally receive a contract of employment until after they have started work.  However, by then they and the employer may be tied by terms expressed or implied in advertisements or application forms or during the interview process.

Consider carefully the wording of both the advert and the application form.

Job adverts and application forms do not usually form part of the contract of employment but if a dispute arises later on, they can be used to indicate the terms of the contract, whether the individual is a worker or an employee and whether any particular qualities were required for the job. Care must also be taken not to discriminate directly or indirectly on the grounds of disability, sex, race, religious beliefs, age or sexual orientation.

The application form should only contain factual questions about the applicant, their qualifications and their experience for the job in question.  Both at this stage and during the interview process questions about, age, marital status, children, disabilities, partnerships or religion should not be asked. 

Prepare suitable questions in advance of the interview and put the same questions to all candidates to avoid claims of discrimination. 

Failure to follow these rules may lead to a claim of discrimination or to problems if a dispute later arises. 

Contact Selwan on 020 7712 1751 or 07795 821803 or sy@kaslers.co.uk