In the UK, there are several laws and regulations that govern recruitment compliance. Here is a list of some of the key ones:
- Equality Act 2010: This act is central to recruitment compliance as it protects job applicants and employees from discrimination based on protected characteristics such as age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
- General Data Protection Regulation (GDPR): Introduced in 2018, GDPR dictates how personal data of EU citizens should be handled. For recruitment, this includes how CVs, application forms, and other personal data are collected, stored, and processed.
- Data Protection Act 2018: This act complements the GDPR within the UK, setting out specific regulations regarding the processing of data. It is essential for employers to understand how this act affects the recruitment process, especially regarding candidates’ personal data.
- Immigration, Asylum and Nationality Act 2006: Employers must check that job applicants have the right to work in the UK before employing them. This act contains regulations regarding the prevention of illegal working.
- Employment Rights Act 1996: This act includes provisions relating to employment contracts, which are relevant during the recruitment process, especially when it comes to offering a position to a successful candidate.
- Rehabilitation of Offenders Act 1974: This act allows some criminal convictions to be considered ‘spent’ after a rehabilitation period. It is crucial in the recruitment process, particularly when asking about a candidate’s criminal record.
- Agency Workers Regulations 2010: If you are employing individuals through an agency, these regulations give agency workers the right to the same basic employment conditions, such as pay and holidays, as direct recruits after they have worked for a qualifying period.
- Trade Union and Labour Relations (Consolidation) Act 1992: This affects recruitment when trade unions are involved, ensuring that individuals are not denied employment due to being a member of a trade union.
- Working Time Regulations 1998: Though mainly affecting employment, it’s important for recruiters to be aware of these regulations regarding working hours, rest breaks and holiday entitlement as they can be relevant to contracts.
- Safeguarding Vulnerable Groups Act 2006: For roles involving working with children or vulnerable adults, this act requires that individuals undergo necessary background checks.
- Health and Safety at Work etc. Act 1974: This legislation necessitates that employers ensure the health, safety and welfare of their employees, which can include specific considerations during the recruitment phase for certain roles.
Understanding and complying with these laws and regulations is essential for any organisation engaging in recruitment within the UK. Compliance ensures a fair and legal process and protects both the organisation and the candidates involved.