Recruitment - Employment & HR
Recruitment - Employment & HR
People are what makes your business tick. We understand that finding and retaining the right people is essential to the success of your business. Unfortunately the recruitment process is littered with pitfalls for the unwary recruiter. You can rely on our expert team to guide you safely though the process, from job advertisements to interviews and offer letters to contracts – we have it covered.
Contrary to what you might think, discriminatory job adverts are common place. Often employers will advertise for a ‘school leaver’ or will state that a ‘mature applicant is preferred’, but statements such as this are likely to be considered discriminatory which exposes the employer to a risk of claims.
Application forms and medical questionnaires
Application forms are another problem area.Questions about the candidate’s marital status, date of birth and qualification dates should be avoided. If you ask these kind of questions you expose yourself to the risk of discrimination claims from unsuccessful candidates.
Asking questions about a candidate’s health prior to offering them a position should also be avoided and wide-ranging pre-employment health questionnaires should not be used at all. Although it's understandable that you want to know whether a potential employee has any health concerns, the risk of using these kind of questionnaires is significant. If you must ask questions about a candidate’s health the question must be directly linked to the candidate’s ability to carry out the role they are applying for. We can help you draft suitable questions which minimise the risk of falling foul of discrimination laws.
Pre-interview selection and interviews
Social media websites now provide you with a wealth of interesting information about your potential candidate and it is tempting to conduct an online search before the interview takes place. Whilst you might find out some very interesting information, you also risk infringing the candidate’s data protection rights. If you do want to make use of the information that sites such as Facebook have to offer, you can. But you need to do it properly. Protect yourself by having recruitment policy sent to candidate which sets out you will make use of the information available on social media sites.
One of the biggest mistakes you might make when interviewing candidates is not keeping proper notes. If no notes are kept then it makes it virtually impossible to objectively justify picking one candidate over another and again, this makes it difficult to defend any claims which arise.
Making an offer
When you have found the right person you want to make them an offer. Often you want to do that quickly. We can help you with this. Offer letters, contracts of employment and directors service agreements can all be prepared for you quickly.
Furthermore, our specialists can also assist you with work permit issues and restrictive covenants.
Is your consultant actually an employee?
Employment status. Not the most exciting of topics, but one that is potentially costly if you get it wrong. We have lost count of the number of times clients contract with ‘consultants’ only to find out at a much later stage that the ‘consultant’ is actually their employee. With employment status comes employment protection so your ‘consultant’ can suddenly be quite expensive to get rid of, not to mention the potential tax consequences you have to deal with. We can assist by helping you to come to an informed decision about whether your ‘consultant’ is really a consultant. If it’s a borderline case, at least you can make a commercial decision with full knowledge of the facts.