Employment Essentials for Vocational Dental Practitioners May 2013 Derek Eccleston

Workshop Objective: To provide you with a brief overview of the legal framework which governs employment.

Outline of the session:  Recruitment – what does the law say?  Some Employer rights and liabilities

Prepared for a tough session ?

Recruitment and Selection More competitive market than in recent years! Selecting the right candidate will be more of a challenge

Job Descriptions and Person Specifications Can I request one? What should they contain? Tools for defending employment tribunal claims!

Recruitment - Good Practice  Range of selection Techniques  Train interviewers  Expenses  Interview records

Forms of Unlawful Discrimination Age Disability Gender reassignment Marriage and civil partnership Pregnancy and maternity Race Religion or belief Sex Sexual orientation Trade Union membership Equal pay

The Recruitment Process..... what the law says Equality Act 2010 Discrimination: Direct – intent, blatant …. Defence? Indirect Discrimination

Indirect (sex) discrimination: definition Involves application of a provision, criterion or practice equally (ie to men and women) This would be to the detriment of a larger proportion of women than men. Is to their detriment. Is not justifiable irrespective of sex. (Business case defence). Is there a legitimate business reason?

Religion and Belief

Religion & Religious Belief On grounds of religion, religious belief or similar philosophical belief The Courts have had regard to case law of the European Court of Human Rights to the effect that, for a belief to qualify for protection, it must have: sufficient cogency, seriousness, cohesion and importance, in addition to being worthy of respect in a civilised society. Courts will have to decide disputed cases

Disability Discrimination Definition: “A physical or mental impairment which has a substantial and long term adverse effect on his or her ability to carry out normal day to day activities” NB Special rules cover Cancer; MS and HIV.

Disability discrimination Reasonable Adjustments – employers duty to consider:  Altering premises  Allocating some duties to someone else  Altering working hours  Changing the place of work  Supplying additional training  Acquiring or changing equipment

 Advertising  Short listing  Rejecting candidates  INTERVIEWING Recruitment & Selection

Interviewers should!!  Keep the questions relevant to the job.  Prepare questions in advance – so should you.  Keep a record of interview  Avoid stereotyping; making snap decisions Recruitment & Selection

References Requesting references Relying on references -Accuracy: data protection -Duties of care

Medicals Requiring medicals -Privacy -Data protection Medical questionnaires – latest position Drugs, alcohol testing Disability

Social Media sites Watch what you post!!

Part Two Employment Status – why does this matter?

Harassment “Unwanted conduct which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment”.....subject to a test of reasonableness Employer vicariously liable for acts done in the course of employment – meaning? Defence

Harassment, Bullying and Vicarious Liability Individual responsibility Vicarious Liability Working alongside Employees of the business that engages you

Employment Documents We now sell employment policies, letters and contracts on line! Go to employmentlawtemplates.co.uk

Employment Law Training Ltd Practical Workshops and advice for Employers on all Employment Topics tel: web: