Working with and Leading People

EMPLOYMENT LAWS AND LEADERSHIP

Name

Institution

The Recruitment and Selection Process- Legal, Regulatory and Ethical Impacts

The process of recruitment and selection goes beyond some legal rules and regulations (Palmer and Pytlikova, 2015). HR managers should be aware of these laws so as to minimize the risk and to efficiently implement job posting, interviews, and checking job offers. The recruitment and selection regulatory frameworks revolves around the following key actors

i. The legislation on freedom of information and data protection

ii. Equality Act

iii. Direct and indirect discrimination

iv. What interviewers can enquire or not enquire from candidates

v. Liability for both businesses and employees

This paper explores the impact of particular employment laws to businesses and staff at Speedy Hires.

The discriminatory sex act

The sex discrimination act of 1975 requires that organizations do not segregate men and women concerning employment opportunities ("Employment Legislation,” 2017). It is thus unlawful for Speedy Hires not to provide equal terms and conditions in the recruitment, selection, employment, dismissal, promotion, and training processes. The act protects both male and female from direct and indirect discrimination. According to this regulation, none of the sexes should be treated better favorably at the expense of the other.

The management of Speedy Hires has the mandate to maintain the discriminatory sex act such that it is bound to recruit a qualified candidate regardless of whether they are female or male. The company cannot segregate them on sex grounds. Otherwise, the following legal impacts may apply:

Impact of the discriminatory sex act on Speedy Hires

• The law prohibits companies from discriminating against candidates because they are a particular gender.

• Speedy Hires will have to employ qualified candidates regardless of their sex or else the law will render the company liable to pay injured parties amount equivalent to the damages caused.

• The sex of employees should not determine their earnings. Remunerations should be identified by the individual's position, qualification, and role in the firm.

Legal implication of sex discriminatory act to an employee

• Injured parties during the selection process can sue the company for discriminating them against gender lines.

• Those discriminated against are entitled to payment of damages caused by the discriminative selection and recruitment process.

Race relation act 1976

It protects employees and job seekers from discrimination on racial lines. Racial discrimination entails the skin color, nationality, religion and ethnic community of the interested candidates ("Employment Legislation,” 2017). This law requires the incorporation of both the sex and equal pay act. Companies are required to provide equal opportunities to all individuals regardless of their race.

Speedy Hires is obliged to employ any qualified candidate despite their race or nationality provided the candidate has a legal work permit to work in the UK. The company could be prosecuted if it makes a job advertisement that requires only individuals from a particular nationality or race to apply. By so doing, it would have broken the provision of the race relations act.

The impact of race discrimination on Speedy Hires

 The company may be sued by the regulatory authority for discriminating against one race, tribe or ethnic community in their advertising, selection, and recruitment stages.

 If found guilty, the company and the officers concerned may be fined or imprisoned for not complying with the legislation.

The legal implications of race relation on Speedy Hires employees

 Injured parties can sue Speedy Hires for direct or indirect discrimination.

 They are entitled to compensation for damages caused by the discrimination.

Health and Safety Act

This law provision covers Health and Safety issues in the workplaces in the U.K. It came into place in 1974 and prevents work-related illnesses at work environments. It is enforced by the Ministry of Labor among other Health and Safety authorities. The act highlights the duties of employees, employers and other concerned parties in the work environment that would ensure safety and health of all people in the workplace ("Health and Safety at Work, etc. Act of 1974", n.d).

The impact of the Health and Safety law on employees

 Injured employees have the right to sue the company for damages.

 The negligent employer pays the amount decided by the magistrate to the injured worker.

The impact of the Health and Safety Act on the company.

 The breach of the law relating to health and safety is a criminal offense.

 An individual manager may be fined or imprisoned for breaking the law in this regard.

 Speedy may be fined an amount of up to £20,000 for breaking the law deliberately.

 If the company is negligent in providing safe and healthy working environment, then it is liable to pay damages to the injured worker.

 The enforcing authority may also issue a notice of improvement or prohibition to Speedy Hires so that the company improves within 21 days. Non-compliance leads to prosecution.

The law on wrongful dismissal

Employment regulations in the U.K. require employers to gives notice to their workers before their removal per their employment contract. Failure to do this may imply that the company is liable to pay the employee for damages for wrongful dismissal ("Employment Legislation," 2017). This law requires that both the workers and