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Employers Recruiting Again for the Upturn Advised to Check Job Procedures- 18/09/2009

With some employers starting to recruit again for the expected economic upturn, a leading Midlands’ employment lawyer is warning them to review their employment procedures to ensure that they do not fall foul of the latest anti-discrimination legislation.

Alasdair Hobbs, Partner and Head of Employment at West Midlands’ law firm FBC Manby Bowdler, says that it is so long since some employers took on new people that many employment regulations have changed.

“With local recruitment consultants reporting a record busy August from employers looking for new people, it is clear that certain sectors of the economy are emerging from recession. However, some employers may not have taken on new people for a couple of years and need to check that their employment practices are up to date,” says Mr Hobbs, who is based in FBC Manby Bowdler’s Wolverhampton office.

“Employers must learn to avoid the most common mistakes in the recruitment process which could lead them to being up in front of an Employment Tribunal,  answering a case of discrimination and facing the prospect of paying out unlimited compensation.

“Employers who quiz potential employees about their family circumstances,  who ask for details such as age and disabilities on application forms, or make age specific statements on job adverts are heading for trouble.”

Mr Hobbs advises employers that the best way of avoiding falling foul of discrimination legislation is to put in place a ‘best practice’ recruitment and employment procedure. 

He says: “This should start with a clear job description and an advert which is non-discriminatory, and include the retention of good written records of all decisions about why candidates have been rejected. A clear paper trail is a vital part in avoiding any future claims for discrimination from failed job applicants.

“Companies which do not have a specialist Human Resources department are most likely to be caught out by the latest employment regulations, but a review of recruitment procedures by their legal advisers should ensure that this does not happen.”

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