WITHOUT the correct procedures in place, companies can find themselves in breach of employment law even before a successful candidate is chosen and on the payroll.
The recruitment procedure demands adherence to strict discrimination guidelines and any applicant may make a claim of discrimination to an employment tribunal if they don’t get an interview – they don’t have to be an employee of the company. Spirit HR advises that although most companies understand the fundamentals of avoiding discriminatory adverts or procedures, they may not be fully aware the law also gives candidates opportunity to challenge the reasons why they were not offered an interview, or to claim that any part of the process, including interview, included an element that was discriminatory toward them. This means the casual chat to settle a candidate in before the formal questions begin is full of risk. Discrimination claims have an uncapped award limit.
Donna Fairbrass of Spirit HR said: “There has to be a reasonable case why a candidate was rejected, either before or after interview, and they have the right to take an employer to tribunal over incorrect procedures, even if they don’t work for them.
“By using the experts at Spirit HR, you can safeguard against that by ensuring that all candidates have been considered on merit, and that those who were unsuccessful have been rejected for good reasons so that if they query why they weren’t offered an interview, or the job, a satisfactory response can be given.”
Donna Fairbrass suggests that companies get advice right from the beginning. As soon as a resignation arrives, companies should take into account any changes that may have happened within the company and how the vacant role may have changed, rather than rushing ahead to replace like with like simply because a particular employee has moved on.
“Someone may have been with the firm for some years and during that time the needs of the firm may have changed, so this is a good time to analyse what the employer needs from their new employee,” said Donna. “Once we’ve established what the role will involve, I will help draw up an advert, then I will sift through CVs and, where required, carry out pre-screening video interviews with potential candidates in order to present my client with a shortlist of the most suitable candidates from those who applied.
“In economic terms, this makes perfect sense for my client when you consider the hours they might otherwise have spent doing all that themselves, and maybe saying the wrong thing. The other benefit is that I come at the process looking solely at qualification, skills and experience, whereas a potential employer can look at things from a more emotional perspective, thinking about how a person might fit in with others in a department, etc, which isn’t necessarily a good thing at that stage.”
“What using HR professionals from Spirit HR does is give clients the peace of mind that they are not only getting the right person to fill their vacancy, but also that they are not leaving themselves open to any challenges over the way the recruitment process was conducted, or the outcome.”
Find out more about Spirit HR by visiting the website www.spirt-hr.co.uk or call 0845 463 3231.
