Many organisations find themselves stuck in the middle of a daunting employment tribunal after not following employment law rules and regulations.  Legislation surrounding employment is in place for two reasons; to protect the rights of employees in the workplace, and to ensure that employers are aware of their obligations to employees in the workplace.

Employment law establishes certain terms and conditions of employment in order to ensure that the employment contract is fair for all involved.  Usually when commencing in a new post with a different organisation an employee will be asked to sign a contract of employment that states the terms and conditions of their employment which they are expected to uphold throughout their employment.  In return, an employer is obligated to uphold their side of the contract by respecting the employee’s rights.

However, the concept of employment law contains general rules that are applied throughout the employer / employee relationship.  These relate to all aspect of employment such as pay and reward, employee relations, performance management, absence management and recruitment and selection.  Employer’s policies surrounding these areas of employment should be outlined and available for all employees to view freely.

Employment law also refers to the legal rights of an employee.  A good example of where this is during the recruitment and selection process.  For example, during an interview, employers should avoid asking questions specific questions around equality and diversity i.e. the applicant’s race, sexual orientation, religion etc. 

There is no reason this information cannot be obtained for diversity monitoring once the candidate has been offered the position, however Recruiting Managers should not be given any of these specifics during the short listing process and should avoid making specific enquiries regarding personal details such as this.  On the other hand, the employer is obligated to undertake pre-employment checks on candidates before hiring a new employee.