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: derek@eltraining.co.ukweb: www.eltraining.co.uk