News on 26 February 2001

Legal pitfalls of recruiting

There are 30% more legal actions through employment tribunals today than two years ago. Recruiting within the Law, published earlier this week by the Chartered Institute of Personnel and Development, advises employers of recent changes to employment law as well as how to follow the law in the recruitment process.

Co-author Patricia Leighton says: "Legal rules form the bottom line of the recruitment process. No matter how ideal the candidate for the post, if legal rules are broken, the consequences for business can be devastating."

Companies could face employment tribunals followed by unfavourable press coverage if employment law is broken. "If organisations are only left with the wrong choice of candidate, they should consider themselves lucky. They have got off lightly," says Leighton.

She continues: "If an organisation states it wants `young blood', `flexibility' or `lively staff' it could be laying itself wide-open to a legal fight. Such requirements can be viewed as a form of unlawful discrimination since they are likely to deter older workers or those with disabilities.”

Recruiters should therefore be aware of the changing law and ensure they review their practices in order to avoid legal disputes.

www.cipd.co.uk

Jessica Jarlvi

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