Small businesses urged to brush up on employment law

Owners and managers of small businesses in the UK are being urged to ensure they understand what they may and may not legally ask a candidate during the recruitment process and how to stay on the right side of employment law.

Consumer group 'Which?' has published a new handbook advising potential job applicants on the kinds of questions now considered discriminatory and on their rights when it comes to answering such questions. Recruiters in smaller firms, which may not have in-house human resources departments, therefore need to familiarise themselves with current legislation to keep on the right side of the law when interviewing job applicants.

Employment law has changed significantly in recent years and questions that may have been put to candidates in the past are now against the law, according to the group. Asking someone their marital status, their sexuality and their political and religious views is among the recruitment "no-go" areas, the organisation said. Discriminating against applicants on the basis of their responses could result in a fine for the company in question, something that could potentially prove disastrous for small businesses. Victoria Winkler from the Chartered Institute of Personnel and Development (CIPD) said that not only is it vital to adhere to the law, accessing a diverse range of people from the workforce can have a "positive impact" on the business.

The issue of age discrimination is something that employers must also be aware of since the Employment Equality (Age) Regulations 2006 came into force in October 2006, which makes it unlawful to discriminate against someone on the grounds of their age - whatever that may be. This means that firms cannot compel an applicant to supply their date of birth or ask for their age during an interview. As well as recruitment, the legislation applies to other work-related situations such as professional associations and occupational pension schemes.

Since April 2003, employers must also be aware of their responsibility regarding requests to work flexibly. Under the law, firms must consider seriously facilitating flexible working for staff with children under six years old, or disabled children under 18. Legal secretary Sharon Coleman recently made headlines for taking her former employer to court for constructive dismissal after she claimed the firm refused to let her work flexible hours in order to take care of her disabled son. The European Court of Justice's advocate general said that discrimination at work legislation does encompass people 'associated' with a disabled person and the case will now be considered by judges.

A report from the Department for Business Enterprise & Regulatory Reform claimed recently, however, that UK companies have on the whole embraced the legislation, with 92 per cent of business saying they would consider requests about changing working patterns from any of their employees. The other eight per cent - especially small businesses - are advised to do so.

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About the Author

Victoria Cochrane is a freelance writer for both online and print media. She lives with her husband and son, and enjoys travelling when not writing.