Subsea UK

RECRUITMENT and EMPLOYMENT STATUS

LEGAL CONSIDERATIONS5 June 2019

Learning Outcomes

1 Identify the legal considerations in the recruitment process

2 Employment Status ndashidentifying the deciding factors which determine employee status

3 Identifying ldquoatypicalrdquo workers

Recruitment - Legal Compliance

bull The recruitment process involves working through a series of stages

bull Defining the role

bull Attracting applications

bull Managing the application and selection process

bull Making the appointment and inducting the employee into the organisation

Legal Compliance

Key documents will form a paper audit trail that the employer can use to defend their case and demonstrate the non discriminatory nature of their recruitment practices

Best Practice = Compliance

Under the Equality Act 2010 potential discrimination may occur at any stage of the recruitment process including the selectioninterview arrangements

Rehabilitation of Offenders Act 1974

Spent Convictions and Exceptions Orders

Key Recruitment Trail Documents

Key Recruitment Trail Documents

Legal Compliance Increasing use of competency based interviewing to improve objectivity and reduce potential bias

consistent structured questions to all candidates

answers are scored using a rating system

questions focus on attributes and behaviours needed in the job

What is unconscious bias

bull We are drawn to those who are similar to uswith whom we have shared experiences

In-groupinfinity bias

bull Once we have formed a preliminary opinion we subconsciously look hard to find evidence to support that view and filter out evidence that challenges it

Confirmation bias

bull Once we have had a positive experienceidentified a positive attribute in relation to an individual we are more likely to perceive their other actionsattributes in a positive way

Halo effect

bull Once we have had a negative experienceidentified a negative attribute in relation to an individual we are more likely to perceive their other actionsattributes in a negative way

Horns effect

bull Once one member of the group has expressed a belief others are more likely to follow suit (Emperorrsquos new clothes)

Conformity bias

A better way to manage your employment

human resources and health amp safety risks

Facts and figures

of all Fortune

500 CEOs are

over 6ft tall

58

27is the female BMI at

which weight

discrimination kicks

in

35is the male BMI at

which weight

discrimination kicks

in

63

have modified their

accent for a job

interview

Descriptors

Bold assertive confident aggressive

98839 out of 631234 jobs on

Indeedcom (16)

Sensitive gentle caring

52747 out of 631234 jobs on Indeedcom (8)

Energetic fast paced

47184 out of 189329 sales jobs

on Indeedcom (24)

Age Descriptors in recruitment advertsIn McCoy v McGregor and Sons Limited and others 0023707IT a Northern Ireland Industrial Tribunal found that a timber merchant had discriminated against a job applicant on the grounds of his age The employer discriminated in the arrangements made for the purpose of determining to whom it offered employment and by refusing to offer or deliberately not offering the claimant employment The employer advertised for a sales representative with youthful enthusiasm and rejected the claimant who was aged 58 and had over 30 years relevant experience Instead two significantly less experienced applicants both 15 years younger than the claimant were offered jobs The tribunal decided it was appropriate to draw an inference from the usage of the term youthful enthusiasm when taken in the context of other evidence in the case The other evidence included asking the claimant questions which linked his age with energy motivation and enthusiasm in each of his three interviews and ad hoc scoring characterised by obscurity and a lack of transparency during the interviews of the three candidates

Disability discrimination in recruitmentGovernment Legal Service v Brookes (EAT)

In this case the employer required all job applicants to complete an online multiple-choice psychometric testThe claimant who has Aspergerrsquos syndrome asked if she could submit her answers in a short narrative form because of her condition This request was refused and she was told that an alternative test format was not availableThe claimant brought claims of indirect disability discrimination a failure to make reasonable adjustments and discrimination arising from disability

The EAT upheld the employment tribunalrsquos decision that the requirement to complete the test placed the claimant at a particular disadvantage because of her conditionDespite the fact that the employer had a legitimate aim in operating the test the means of achieving that aim was not proportionateThis case serves as a strong reminder to employers of the need to be flexible when it comes to recruitment selection methods and disabled applicants

Learning Outcomes

1 Identify the legal considerations in the recruitment process

2 Employment Status ndashidentifying the deciding factors which determine employee status

3 Identifying ldquoatypicalrdquo workers

Recruitment - Legal Compliance

bull The recruitment process involves working through a series of stages

bull Defining the role

bull Attracting applications

bull Managing the application and selection process

bull Making the appointment and inducting the employee into the organisation

Legal Compliance

Key documents will form a paper audit trail that the employer can use to defend their case and demonstrate the non discriminatory nature of their recruitment practices

Best Practice = Compliance

Under the Equality Act 2010 potential discrimination may occur at any stage of the recruitment process including the selectioninterview arrangements

Rehabilitation of Offenders Act 1974

Spent Convictions and Exceptions Orders

Key Recruitment Trail Documents

Key Recruitment Trail Documents

Legal Compliance Increasing use of competency based interviewing to improve objectivity and reduce potential bias

consistent structured questions to all candidates

answers are scored using a rating system

questions focus on attributes and behaviours needed in the job

What is unconscious bias

bull We are drawn to those who are similar to uswith whom we have shared experiences

In-groupinfinity bias

bull Once we have formed a preliminary opinion we subconsciously look hard to find evidence to support that view and filter out evidence that challenges it

Confirmation bias

bull Once we have had a positive experienceidentified a positive attribute in relation to an individual we are more likely to perceive their other actionsattributes in a positive way

Halo effect

bull Once we have had a negative experienceidentified a negative attribute in relation to an individual we are more likely to perceive their other actionsattributes in a negative way

Horns effect

bull Once one member of the group has expressed a belief others are more likely to follow suit (Emperorrsquos new clothes)

Conformity bias

A better way to manage your employment

human resources and health amp safety risks

Facts and figures

of all Fortune

500 CEOs are

over 6ft tall

58

27is the female BMI at

which weight

discrimination kicks

in

35is the male BMI at

which weight

discrimination kicks

in

63

have modified their

accent for a job

interview

Descriptors

Bold assertive confident aggressive

98839 out of 631234 jobs on

Indeedcom (16)

Sensitive gentle caring

52747 out of 631234 jobs on Indeedcom (8)

Energetic fast paced

47184 out of 189329 sales jobs

on Indeedcom (24)

Age Descriptors in recruitment advertsIn McCoy v McGregor and Sons Limited and others 0023707IT a Northern Ireland Industrial Tribunal found that a timber merchant had discriminated against a job applicant on the grounds of his age The employer discriminated in the arrangements made for the purpose of determining to whom it offered employment and by refusing to offer or deliberately not offering the claimant employment The employer advertised for a sales representative with youthful enthusiasm and rejected the claimant who was aged 58 and had over 30 years relevant experience Instead two significantly less experienced applicants both 15 years younger than the claimant were offered jobs The tribunal decided it was appropriate to draw an inference from the usage of the term youthful enthusiasm when taken in the context of other evidence in the case The other evidence included asking the claimant questions which linked his age with energy motivation and enthusiasm in each of his three interviews and ad hoc scoring characterised by obscurity and a lack of transparency during the interviews of the three candidates

Disability discrimination in recruitmentGovernment Legal Service v Brookes (EAT)

In this case the employer required all job applicants to complete an online multiple-choice psychometric testThe claimant who has Aspergerrsquos syndrome asked if she could submit her answers in a short narrative form because of her condition This request was refused and she was told that an alternative test format was not availableThe claimant brought claims of indirect disability discrimination a failure to make reasonable adjustments and discrimination arising from disability

The EAT upheld the employment tribunalrsquos decision that the requirement to complete the test placed the claimant at a particular disadvantage because of her conditionDespite the fact that the employer had a legitimate aim in operating the test the means of achieving that aim was not proportionateThis case serves as a strong reminder to employers of the need to be flexible when it comes to recruitment selection methods and disabled applicants

Recruitment - Legal Compliance

bull The recruitment process involves working through a series of stages

bull Defining the role

bull Attracting applications

bull Managing the application and selection process

bull Making the appointment and inducting the employee into the organisation

Legal Compliance

Key documents will form a paper audit trail that the employer can use to defend their case and demonstrate the non discriminatory nature of their recruitment practices

Best Practice = Compliance

Under the Equality Act 2010 potential discrimination may occur at any stage of the recruitment process including the selectioninterview arrangements

Rehabilitation of Offenders Act 1974

Spent Convictions and Exceptions Orders

Key Recruitment Trail Documents

Key Recruitment Trail Documents

Legal Compliance Increasing use of competency based interviewing to improve objectivity and reduce potential bias

consistent structured questions to all candidates

answers are scored using a rating system

questions focus on attributes and behaviours needed in the job

What is unconscious bias

bull We are drawn to those who are similar to uswith whom we have shared experiences

In-groupinfinity bias

bull Once we have formed a preliminary opinion we subconsciously look hard to find evidence to support that view and filter out evidence that challenges it

Confirmation bias

bull Once we have had a positive experienceidentified a positive attribute in relation to an individual we are more likely to perceive their other actionsattributes in a positive way

Halo effect

bull Once we have had a negative experienceidentified a negative attribute in relation to an individual we are more likely to perceive their other actionsattributes in a negative way

Horns effect

bull Once one member of the group has expressed a belief others are more likely to follow suit (Emperorrsquos new clothes)

Conformity bias

A better way to manage your employment

human resources and health amp safety risks

Facts and figures

of all Fortune

500 CEOs are

over 6ft tall

58

27is the female BMI at

which weight

discrimination kicks

in

35is the male BMI at

which weight

discrimination kicks

in

63

have modified their

accent for a job

interview

Descriptors

Bold assertive confident aggressive

98839 out of 631234 jobs on

Indeedcom (16)

Sensitive gentle caring

52747 out of 631234 jobs on Indeedcom (8)

Energetic fast paced

47184 out of 189329 sales jobs

on Indeedcom (24)

Age Descriptors in recruitment advertsIn McCoy v McGregor and Sons Limited and others 0023707IT a Northern Ireland Industrial Tribunal found that a timber merchant had discriminated against a job applicant on the grounds of his age The employer discriminated in the arrangements made for the purpose of determining to whom it offered employment and by refusing to offer or deliberately not offering the claimant employment The employer advertised for a sales representative with youthful enthusiasm and rejected the claimant who was aged 58 and had over 30 years relevant experience Instead two significantly less experienced applicants both 15 years younger than the claimant were offered jobs The tribunal decided it was appropriate to draw an inference from the usage of the term youthful enthusiasm when taken in the context of other evidence in the case The other evidence included asking the claimant questions which linked his age with energy motivation and enthusiasm in each of his three interviews and ad hoc scoring characterised by obscurity and a lack of transparency during the interviews of the three candidates

Disability discrimination in recruitmentGovernment Legal Service v Brookes (EAT)

In this case the employer required all job applicants to complete an online multiple-choice psychometric testThe claimant who has Aspergerrsquos syndrome asked if she could submit her answers in a short narrative form because of her condition This request was refused and she was told that an alternative test format was not availableThe claimant brought claims of indirect disability discrimination a failure to make reasonable adjustments and discrimination arising from disability

The EAT upheld the employment tribunalrsquos decision that the requirement to complete the test placed the claimant at a particular disadvantage because of her conditionDespite the fact that the employer had a legitimate aim in operating the test the means of achieving that aim was not proportionateThis case serves as a strong reminder to employers of the need to be flexible when it comes to recruitment selection methods and disabled applicants

Legal Compliance

Key documents will form a paper audit trail that the employer can use to defend their case and demonstrate the non discriminatory nature of their recruitment practices

Best Practice = Compliance

Under the Equality Act 2010 potential discrimination may occur at any stage of the recruitment process including the selectioninterview arrangements

Rehabilitation of Offenders Act 1974

Spent Convictions and Exceptions Orders

Key Recruitment Trail Documents

Key Recruitment Trail Documents

Legal Compliance Increasing use of competency based interviewing to improve objectivity and reduce potential bias

consistent structured questions to all candidates

answers are scored using a rating system

questions focus on attributes and behaviours needed in the job

What is unconscious bias

bull We are drawn to those who are similar to uswith whom we have shared experiences

In-groupinfinity bias

bull Once we have formed a preliminary opinion we subconsciously look hard to find evidence to support that view and filter out evidence that challenges it

Confirmation bias

bull Once we have had a positive experienceidentified a positive attribute in relation to an individual we are more likely to perceive their other actionsattributes in a positive way

Halo effect

bull Once we have had a negative experienceidentified a negative attribute in relation to an individual we are more likely to perceive their other actionsattributes in a negative way

Horns effect

bull Once one member of the group has expressed a belief others are more likely to follow suit (Emperorrsquos new clothes)

Conformity bias

A better way to manage your employment

human resources and health amp safety risks

Facts and figures

of all Fortune

500 CEOs are

over 6ft tall

58

27is the female BMI at

which weight

discrimination kicks

in

35is the male BMI at

which weight

discrimination kicks

in

63

have modified their

accent for a job

interview

Descriptors

Bold assertive confident aggressive

98839 out of 631234 jobs on

Indeedcom (16)

Sensitive gentle caring

52747 out of 631234 jobs on Indeedcom (8)

Energetic fast paced

47184 out of 189329 sales jobs

on Indeedcom (24)

Age Descriptors in recruitment advertsIn McCoy v McGregor and Sons Limited and others 0023707IT a Northern Ireland Industrial Tribunal found that a timber merchant had discriminated against a job applicant on the grounds of his age The employer discriminated in the arrangements made for the purpose of determining to whom it offered employment and by refusing to offer or deliberately not offering the claimant employment The employer advertised for a sales representative with youthful enthusiasm and rejected the claimant who was aged 58 and had over 30 years relevant experience Instead two significantly less experienced applicants both 15 years younger than the claimant were offered jobs The tribunal decided it was appropriate to draw an inference from the usage of the term youthful enthusiasm when taken in the context of other evidence in the case The other evidence included asking the claimant questions which linked his age with energy motivation and enthusiasm in each of his three interviews and ad hoc scoring characterised by obscurity and a lack of transparency during the interviews of the three candidates

Disability discrimination in recruitmentGovernment Legal Service v Brookes (EAT)

In this case the employer required all job applicants to complete an online multiple-choice psychometric testThe claimant who has Aspergerrsquos syndrome asked if she could submit her answers in a short narrative form because of her condition This request was refused and she was told that an alternative test format was not availableThe claimant brought claims of indirect disability discrimination a failure to make reasonable adjustments and discrimination arising from disability

The EAT upheld the employment tribunalrsquos decision that the requirement to complete the test placed the claimant at a particular disadvantage because of her conditionDespite the fact that the employer had a legitimate aim in operating the test the means of achieving that aim was not proportionateThis case serves as a strong reminder to employers of the need to be flexible when it comes to recruitment selection methods and disabled applicants

Best Practice = Compliance

Under the Equality Act 2010 potential discrimination may occur at any stage of the recruitment process including the selectioninterview arrangements

Rehabilitation of Offenders Act 1974

Spent Convictions and Exceptions Orders

Key Recruitment Trail Documents

Key Recruitment Trail Documents

Legal Compliance Increasing use of competency based interviewing to improve objectivity and reduce potential bias

consistent structured questions to all candidates

answers are scored using a rating system

questions focus on attributes and behaviours needed in the job

What is unconscious bias

bull We are drawn to those who are similar to uswith whom we have shared experiences

In-groupinfinity bias

bull Once we have formed a preliminary opinion we subconsciously look hard to find evidence to support that view and filter out evidence that challenges it

Confirmation bias

bull Once we have had a positive experienceidentified a positive attribute in relation to an individual we are more likely to perceive their other actionsattributes in a positive way

Halo effect

bull Once we have had a negative experienceidentified a negative attribute in relation to an individual we are more likely to perceive their other actionsattributes in a negative way

Horns effect

bull Once one member of the group has expressed a belief others are more likely to follow suit (Emperorrsquos new clothes)

Conformity bias

A better way to manage your employment

human resources and health amp safety risks

Facts and figures

of all Fortune

500 CEOs are

over 6ft tall

58

27is the female BMI at

which weight

discrimination kicks

in

35is the male BMI at

which weight

discrimination kicks

in

63

have modified their

accent for a job

interview

Descriptors

Bold assertive confident aggressive

98839 out of 631234 jobs on

Indeedcom (16)

Sensitive gentle caring

52747 out of 631234 jobs on Indeedcom (8)

Energetic fast paced

47184 out of 189329 sales jobs

on Indeedcom (24)

Age Descriptors in recruitment advertsIn McCoy v McGregor and Sons Limited and others 0023707IT a Northern Ireland Industrial Tribunal found that a timber merchant had discriminated against a job applicant on the grounds of his age The employer discriminated in the arrangements made for the purpose of determining to whom it offered employment and by refusing to offer or deliberately not offering the claimant employment The employer advertised for a sales representative with youthful enthusiasm and rejected the claimant who was aged 58 and had over 30 years relevant experience Instead two significantly less experienced applicants both 15 years younger than the claimant were offered jobs The tribunal decided it was appropriate to draw an inference from the usage of the term youthful enthusiasm when taken in the context of other evidence in the case The other evidence included asking the claimant questions which linked his age with energy motivation and enthusiasm in each of his three interviews and ad hoc scoring characterised by obscurity and a lack of transparency during the interviews of the three candidates

Disability discrimination in recruitmentGovernment Legal Service v Brookes (EAT)

In this case the employer required all job applicants to complete an online multiple-choice psychometric testThe claimant who has Aspergerrsquos syndrome asked if she could submit her answers in a short narrative form because of her condition This request was refused and she was told that an alternative test format was not availableThe claimant brought claims of indirect disability discrimination a failure to make reasonable adjustments and discrimination arising from disability

The EAT upheld the employment tribunalrsquos decision that the requirement to complete the test placed the claimant at a particular disadvantage because of her conditionDespite the fact that the employer had a legitimate aim in operating the test the means of achieving that aim was not proportionateThis case serves as a strong reminder to employers of the need to be flexible when it comes to recruitment selection methods and disabled applicants

Rehabilitation of Offenders Act 1974

Spent Convictions and Exceptions Orders

Key Recruitment Trail Documents

Key Recruitment Trail Documents

Legal Compliance Increasing use of competency based interviewing to improve objectivity and reduce potential bias

consistent structured questions to all candidates

answers are scored using a rating system

questions focus on attributes and behaviours needed in the job

What is unconscious bias

bull We are drawn to those who are similar to uswith whom we have shared experiences

In-groupinfinity bias

bull Once we have formed a preliminary opinion we subconsciously look hard to find evidence to support that view and filter out evidence that challenges it

Confirmation bias

bull Once we have had a positive experienceidentified a positive attribute in relation to an individual we are more likely to perceive their other actionsattributes in a positive way

Halo effect

bull Once we have had a negative experienceidentified a negative attribute in relation to an individual we are more likely to perceive their other actionsattributes in a negative way

Horns effect

bull Once one member of the group has expressed a belief others are more likely to follow suit (Emperorrsquos new clothes)

Conformity bias

A better way to manage your employment

human resources and health amp safety risks

Facts and figures

of all Fortune

500 CEOs are

over 6ft tall

58

27is the female BMI at

which weight

discrimination kicks

in

35is the male BMI at

which weight

discrimination kicks

in

63

have modified their

accent for a job

interview

Descriptors

Bold assertive confident aggressive

98839 out of 631234 jobs on

Indeedcom (16)

Sensitive gentle caring

52747 out of 631234 jobs on Indeedcom (8)

Energetic fast paced

47184 out of 189329 sales jobs

on Indeedcom (24)

Age Descriptors in recruitment advertsIn McCoy v McGregor and Sons Limited and others 0023707IT a Northern Ireland Industrial Tribunal found that a timber merchant had discriminated against a job applicant on the grounds of his age The employer discriminated in the arrangements made for the purpose of determining to whom it offered employment and by refusing to offer or deliberately not offering the claimant employment The employer advertised for a sales representative with youthful enthusiasm and rejected the claimant who was aged 58 and had over 30 years relevant experience Instead two significantly less experienced applicants both 15 years younger than the claimant were offered jobs The tribunal decided it was appropriate to draw an inference from the usage of the term youthful enthusiasm when taken in the context of other evidence in the case The other evidence included asking the claimant questions which linked his age with energy motivation and enthusiasm in each of his three interviews and ad hoc scoring characterised by obscurity and a lack of transparency during the interviews of the three candidates

Disability discrimination in recruitmentGovernment Legal Service v Brookes (EAT)

In this case the employer required all job applicants to complete an online multiple-choice psychometric testThe claimant who has Aspergerrsquos syndrome asked if she could submit her answers in a short narrative form because of her condition This request was refused and she was told that an alternative test format was not availableThe claimant brought claims of indirect disability discrimination a failure to make reasonable adjustments and discrimination arising from disability

The EAT upheld the employment tribunalrsquos decision that the requirement to complete the test placed the claimant at a particular disadvantage because of her conditionDespite the fact that the employer had a legitimate aim in operating the test the means of achieving that aim was not proportionateThis case serves as a strong reminder to employers of the need to be flexible when it comes to recruitment selection methods and disabled applicants

Key Recruitment Trail Documents

Key Recruitment Trail Documents

Legal Compliance Increasing use of competency based interviewing to improve objectivity and reduce potential bias

consistent structured questions to all candidates

answers are scored using a rating system

questions focus on attributes and behaviours needed in the job

What is unconscious bias

bull We are drawn to those who are similar to uswith whom we have shared experiences

In-groupinfinity bias

bull Once we have formed a preliminary opinion we subconsciously look hard to find evidence to support that view and filter out evidence that challenges it

Confirmation bias

bull Once we have had a positive experienceidentified a positive attribute in relation to an individual we are more likely to perceive their other actionsattributes in a positive way

Halo effect

bull Once we have had a negative experienceidentified a negative attribute in relation to an individual we are more likely to perceive their other actionsattributes in a negative way

Horns effect

bull Once one member of the group has expressed a belief others are more likely to follow suit (Emperorrsquos new clothes)

Conformity bias

A better way to manage your employment

human resources and health amp safety risks

Facts and figures

of all Fortune

500 CEOs are

over 6ft tall

58

27is the female BMI at

which weight

discrimination kicks

in

35is the male BMI at

which weight

discrimination kicks

in

63

have modified their

accent for a job

interview

Descriptors

Bold assertive confident aggressive

98839 out of 631234 jobs on

Indeedcom (16)

Sensitive gentle caring

52747 out of 631234 jobs on Indeedcom (8)

Energetic fast paced

47184 out of 189329 sales jobs

on Indeedcom (24)

Age Descriptors in recruitment advertsIn McCoy v McGregor and Sons Limited and others 0023707IT a Northern Ireland Industrial Tribunal found that a timber merchant had discriminated against a job applicant on the grounds of his age The employer discriminated in the arrangements made for the purpose of determining to whom it offered employment and by refusing to offer or deliberately not offering the claimant employment The employer advertised for a sales representative with youthful enthusiasm and rejected the claimant who was aged 58 and had over 30 years relevant experience Instead two significantly less experienced applicants both 15 years younger than the claimant were offered jobs The tribunal decided it was appropriate to draw an inference from the usage of the term youthful enthusiasm when taken in the context of other evidence in the case The other evidence included asking the claimant questions which linked his age with energy motivation and enthusiasm in each of his three interviews and ad hoc scoring characterised by obscurity and a lack of transparency during the interviews of the three candidates

Disability discrimination in recruitmentGovernment Legal Service v Brookes (EAT)

In this case the employer required all job applicants to complete an online multiple-choice psychometric testThe claimant who has Aspergerrsquos syndrome asked if she could submit her answers in a short narrative form because of her condition This request was refused and she was told that an alternative test format was not availableThe claimant brought claims of indirect disability discrimination a failure to make reasonable adjustments and discrimination arising from disability

The EAT upheld the employment tribunalrsquos decision that the requirement to complete the test placed the claimant at a particular disadvantage because of her conditionDespite the fact that the employer had a legitimate aim in operating the test the means of achieving that aim was not proportionateThis case serves as a strong reminder to employers of the need to be flexible when it comes to recruitment selection methods and disabled applicants

Key Recruitment Trail Documents

Legal Compliance Increasing use of competency based interviewing to improve objectivity and reduce potential bias

consistent structured questions to all candidates

answers are scored using a rating system

questions focus on attributes and behaviours needed in the job

What is unconscious bias

bull We are drawn to those who are similar to uswith whom we have shared experiences

In-groupinfinity bias

bull Once we have formed a preliminary opinion we subconsciously look hard to find evidence to support that view and filter out evidence that challenges it

Confirmation bias

bull Once we have had a positive experienceidentified a positive attribute in relation to an individual we are more likely to perceive their other actionsattributes in a positive way

Halo effect

bull Once we have had a negative experienceidentified a negative attribute in relation to an individual we are more likely to perceive their other actionsattributes in a negative way

Horns effect

bull Once one member of the group has expressed a belief others are more likely to follow suit (Emperorrsquos new clothes)

Conformity bias

A better way to manage your employment

human resources and health amp safety risks

Facts and figures

of all Fortune

500 CEOs are

over 6ft tall

58

27is the female BMI at

which weight

discrimination kicks

in

35is the male BMI at

which weight

discrimination kicks

in

63

have modified their

accent for a job

interview

Descriptors

Bold assertive confident aggressive

98839 out of 631234 jobs on

Indeedcom (16)

Sensitive gentle caring

52747 out of 631234 jobs on Indeedcom (8)

Energetic fast paced

47184 out of 189329 sales jobs

on Indeedcom (24)

Age Descriptors in recruitment advertsIn McCoy v McGregor and Sons Limited and others 0023707IT a Northern Ireland Industrial Tribunal found that a timber merchant had discriminated against a job applicant on the grounds of his age The employer discriminated in the arrangements made for the purpose of determining to whom it offered employment and by refusing to offer or deliberately not offering the claimant employment The employer advertised for a sales representative with youthful enthusiasm and rejected the claimant who was aged 58 and had over 30 years relevant experience Instead two significantly less experienced applicants both 15 years younger than the claimant were offered jobs The tribunal decided it was appropriate to draw an inference from the usage of the term youthful enthusiasm when taken in the context of other evidence in the case The other evidence included asking the claimant questions which linked his age with energy motivation and enthusiasm in each of his three interviews and ad hoc scoring characterised by obscurity and a lack of transparency during the interviews of the three candidates

Disability discrimination in recruitmentGovernment Legal Service v Brookes (EAT)

In this case the employer required all job applicants to complete an online multiple-choice psychometric testThe claimant who has Aspergerrsquos syndrome asked if she could submit her answers in a short narrative form because of her condition This request was refused and she was told that an alternative test format was not availableThe claimant brought claims of indirect disability discrimination a failure to make reasonable adjustments and discrimination arising from disability

The EAT upheld the employment tribunalrsquos decision that the requirement to complete the test placed the claimant at a particular disadvantage because of her conditionDespite the fact that the employer had a legitimate aim in operating the test the means of achieving that aim was not proportionateThis case serves as a strong reminder to employers of the need to be flexible when it comes to recruitment selection methods and disabled applicants

Legal Compliance Increasing use of competency based interviewing to improve objectivity and reduce potential bias

consistent structured questions to all candidates

answers are scored using a rating system

questions focus on attributes and behaviours needed in the job

What is unconscious bias

bull We are drawn to those who are similar to uswith whom we have shared experiences

In-groupinfinity bias

bull Once we have formed a preliminary opinion we subconsciously look hard to find evidence to support that view and filter out evidence that challenges it

Confirmation bias

bull Once we have had a positive experienceidentified a positive attribute in relation to an individual we are more likely to perceive their other actionsattributes in a positive way

Halo effect

bull Once we have had a negative experienceidentified a negative attribute in relation to an individual we are more likely to perceive their other actionsattributes in a negative way

Horns effect

bull Once one member of the group has expressed a belief others are more likely to follow suit (Emperorrsquos new clothes)

Conformity bias

A better way to manage your employment

human resources and health amp safety risks

Facts and figures

of all Fortune

500 CEOs are

over 6ft tall

58

27is the female BMI at

which weight

discrimination kicks

in

35is the male BMI at

which weight

discrimination kicks

in

63

have modified their

accent for a job

interview

Descriptors

Bold assertive confident aggressive

98839 out of 631234 jobs on

Indeedcom (16)

Sensitive gentle caring

52747 out of 631234 jobs on Indeedcom (8)

Energetic fast paced

47184 out of 189329 sales jobs

on Indeedcom (24)

Age Descriptors in recruitment advertsIn McCoy v McGregor and Sons Limited and others 0023707IT a Northern Ireland Industrial Tribunal found that a timber merchant had discriminated against a job applicant on the grounds of his age The employer discriminated in the arrangements made for the purpose of determining to whom it offered employment and by refusing to offer or deliberately not offering the claimant employment The employer advertised for a sales representative with youthful enthusiasm and rejected the claimant who was aged 58 and had over 30 years relevant experience Instead two significantly less experienced applicants both 15 years younger than the claimant were offered jobs The tribunal decided it was appropriate to draw an inference from the usage of the term youthful enthusiasm when taken in the context of other evidence in the case The other evidence included asking the claimant questions which linked his age with energy motivation and enthusiasm in each of his three interviews and ad hoc scoring characterised by obscurity and a lack of transparency during the interviews of the three candidates

Disability discrimination in recruitmentGovernment Legal Service v Brookes (EAT)

In this case the employer required all job applicants to complete an online multiple-choice psychometric testThe claimant who has Aspergerrsquos syndrome asked if she could submit her answers in a short narrative form because of her condition This request was refused and she was told that an alternative test format was not availableThe claimant brought claims of indirect disability discrimination a failure to make reasonable adjustments and discrimination arising from disability

The EAT upheld the employment tribunalrsquos decision that the requirement to complete the test placed the claimant at a particular disadvantage because of her conditionDespite the fact that the employer had a legitimate aim in operating the test the means of achieving that aim was not proportionateThis case serves as a strong reminder to employers of the need to be flexible when it comes to recruitment selection methods and disabled applicants

What is unconscious bias

bull We are drawn to those who are similar to uswith whom we have shared experiences

In-groupinfinity bias

bull Once we have formed a preliminary opinion we subconsciously look hard to find evidence to support that view and filter out evidence that challenges it

Confirmation bias

bull Once we have had a positive experienceidentified a positive attribute in relation to an individual we are more likely to perceive their other actionsattributes in a positive way

Halo effect

bull Once we have had a negative experienceidentified a negative attribute in relation to an individual we are more likely to perceive their other actionsattributes in a negative way

Horns effect

bull Once one member of the group has expressed a belief others are more likely to follow suit (Emperorrsquos new clothes)

Conformity bias

A better way to manage your employment

human resources and health amp safety risks

Facts and figures

of all Fortune

500 CEOs are

over 6ft tall

58

27is the female BMI at

which weight

discrimination kicks

in

35is the male BMI at

which weight

discrimination kicks

in

63

have modified their

accent for a job

interview

Descriptors

Bold assertive confident aggressive

98839 out of 631234 jobs on

Indeedcom (16)

Sensitive gentle caring

52747 out of 631234 jobs on Indeedcom (8)

Energetic fast paced

47184 out of 189329 sales jobs

on Indeedcom (24)

Age Descriptors in recruitment advertsIn McCoy v McGregor and Sons Limited and others 0023707IT a Northern Ireland Industrial Tribunal found that a timber merchant had discriminated against a job applicant on the grounds of his age The employer discriminated in the arrangements made for the purpose of determining to whom it offered employment and by refusing to offer or deliberately not offering the claimant employment The employer advertised for a sales representative with youthful enthusiasm and rejected the claimant who was aged 58 and had over 30 years relevant experience Instead two significantly less experienced applicants both 15 years younger than the claimant were offered jobs The tribunal decided it was appropriate to draw an inference from the usage of the term youthful enthusiasm when taken in the context of other evidence in the case The other evidence included asking the claimant questions which linked his age with energy motivation and enthusiasm in each of his three interviews and ad hoc scoring characterised by obscurity and a lack of transparency during the interviews of the three candidates

Disability discrimination in recruitmentGovernment Legal Service v Brookes (EAT)

In this case the employer required all job applicants to complete an online multiple-choice psychometric testThe claimant who has Aspergerrsquos syndrome asked if she could submit her answers in a short narrative form because of her condition This request was refused and she was told that an alternative test format was not availableThe claimant brought claims of indirect disability discrimination a failure to make reasonable adjustments and discrimination arising from disability

The EAT upheld the employment tribunalrsquos decision that the requirement to complete the test placed the claimant at a particular disadvantage because of her conditionDespite the fact that the employer had a legitimate aim in operating the test the means of achieving that aim was not proportionateThis case serves as a strong reminder to employers of the need to be flexible when it comes to recruitment selection methods and disabled applicants

A better way to manage your employment

human resources and health amp safety risks

Facts and figures

of all Fortune

500 CEOs are

over 6ft tall

58

27is the female BMI at

which weight

discrimination kicks

in

35is the male BMI at

which weight

discrimination kicks

in

63

have modified their

accent for a job

interview

Descriptors

Bold assertive confident aggressive

98839 out of 631234 jobs on

Indeedcom (16)

Sensitive gentle caring

52747 out of 631234 jobs on Indeedcom (8)

Energetic fast paced

47184 out of 189329 sales jobs

on Indeedcom (24)

Age Descriptors in recruitment advertsIn McCoy v McGregor and Sons Limited and others 0023707IT a Northern Ireland Industrial Tribunal found that a timber merchant had discriminated against a job applicant on the grounds of his age The employer discriminated in the arrangements made for the purpose of determining to whom it offered employment and by refusing to offer or deliberately not offering the claimant employment The employer advertised for a sales representative with youthful enthusiasm and rejected the claimant who was aged 58 and had over 30 years relevant experience Instead two significantly less experienced applicants both 15 years younger than the claimant were offered jobs The tribunal decided it was appropriate to draw an inference from the usage of the term youthful enthusiasm when taken in the context of other evidence in the case The other evidence included asking the claimant questions which linked his age with energy motivation and enthusiasm in each of his three interviews and ad hoc scoring characterised by obscurity and a lack of transparency during the interviews of the three candidates

Disability discrimination in recruitmentGovernment Legal Service v Brookes (EAT)

In this case the employer required all job applicants to complete an online multiple-choice psychometric testThe claimant who has Aspergerrsquos syndrome asked if she could submit her answers in a short narrative form because of her condition This request was refused and she was told that an alternative test format was not availableThe claimant brought claims of indirect disability discrimination a failure to make reasonable adjustments and discrimination arising from disability

The EAT upheld the employment tribunalrsquos decision that the requirement to complete the test placed the claimant at a particular disadvantage because of her conditionDespite the fact that the employer had a legitimate aim in operating the test the means of achieving that aim was not proportionateThis case serves as a strong reminder to employers of the need to be flexible when it comes to recruitment selection methods and disabled applicants

Descriptors

Bold assertive confident aggressive

98839 out of 631234 jobs on

Indeedcom (16)

Sensitive gentle caring

52747 out of 631234 jobs on Indeedcom (8)

Energetic fast paced

47184 out of 189329 sales jobs

on Indeedcom (24)

Age Descriptors in recruitment advertsIn McCoy v McGregor and Sons Limited and others 0023707IT a Northern Ireland Industrial Tribunal found that a timber merchant had discriminated against a job applicant on the grounds of his age The employer discriminated in the arrangements made for the purpose of determining to whom it offered employment and by refusing to offer or deliberately not offering the claimant employment The employer advertised for a sales representative with youthful enthusiasm and rejected the claimant who was aged 58 and had over 30 years relevant experience Instead two significantly less experienced applicants both 15 years younger than the claimant were offered jobs The tribunal decided it was appropriate to draw an inference from the usage of the term youthful enthusiasm when taken in the context of other evidence in the case The other evidence included asking the claimant questions which linked his age with energy motivation and enthusiasm in each of his three interviews and ad hoc scoring characterised by obscurity and a lack of transparency during the interviews of the three candidates

Disability discrimination in recruitmentGovernment Legal Service v Brookes (EAT)

In this case the employer required all job applicants to complete an online multiple-choice psychometric testThe claimant who has Aspergerrsquos syndrome asked if she could submit her answers in a short narrative form because of her condition This request was refused and she was told that an alternative test format was not availableThe claimant brought claims of indirect disability discrimination a failure to make reasonable adjustments and discrimination arising from disability

The EAT upheld the employment tribunalrsquos decision that the requirement to complete the test placed the claimant at a particular disadvantage because of her conditionDespite the fact that the employer had a legitimate aim in operating the test the means of achieving that aim was not proportionateThis case serves as a strong reminder to employers of the need to be flexible when it comes to recruitment selection methods and disabled applicants

Age Descriptors in recruitment advertsIn McCoy v McGregor and Sons Limited and others 0023707IT a Northern Ireland Industrial Tribunal found that a timber merchant had discriminated against a job applicant on the grounds of his age The employer discriminated in the arrangements made for the purpose of determining to whom it offered employment and by refusing to offer or deliberately not offering the claimant employment The employer advertised for a sales representative with youthful enthusiasm and rejected the claimant who was aged 58 and had over 30 years relevant experience Instead two significantly less experienced applicants both 15 years younger than the claimant were offered jobs The tribunal decided it was appropriate to draw an inference from the usage of the term youthful enthusiasm when taken in the context of other evidence in the case The other evidence included asking the claimant questions which linked his age with energy motivation and enthusiasm in each of his three interviews and ad hoc scoring characterised by obscurity and a lack of transparency during the interviews of the three candidates

Disability discrimination in recruitmentGovernment Legal Service v Brookes (EAT)

In this case the employer required all job applicants to complete an online multiple-choice psychometric testThe claimant who has Aspergerrsquos syndrome asked if she could submit her answers in a short narrative form because of her condition This request was refused and she was told that an alternative test format was not availableThe claimant brought claims of indirect disability discrimination a failure to make reasonable adjustments and discrimination arising from disability

The EAT upheld the employment tribunalrsquos decision that the requirement to complete the test placed the claimant at a particular disadvantage because of her conditionDespite the fact that the employer had a legitimate aim in operating the test the means of achieving that aim was not proportionateThis case serves as a strong reminder to employers of the need to be flexible when it comes to recruitment selection methods and disabled applicants

Disability discrimination in recruitmentGovernment Legal Service v Brookes (EAT)

In this case the employer required all job applicants to complete an online multiple-choice psychometric testThe claimant who has Aspergerrsquos syndrome asked if she could submit her answers in a short narrative form because of her condition This request was refused and she was told that an alternative test format was not availableThe claimant brought claims of indirect disability discrimination a failure to make reasonable adjustments and discrimination arising from disability

The EAT upheld the employment tribunalrsquos decision that the requirement to complete the test placed the claimant at a particular disadvantage because of her conditionDespite the fact that the employer had a legitimate aim in operating the test the means of achieving that aim was not proportionateThis case serves as a strong reminder to employers of the need to be flexible when it comes to recruitment selection methods and disabled applicants

Pre-Employment

Checks

It is unlawful to employ an individual who does not have the right to work in the UK or who is working in breach of their conditions of stay in the UK Where an employer is in breach of immigration legislation they can be subject to a fine of up to pound20000 (per employee) and in some cases a custodial sentence

Pre-Employment Checks

bull The UKBA sets out the list of documents that are acceptable as evidence

bull Ensure originals are checked and take photocopies of all relevant page(s) Sign and date the copy

bull Be consistent ndash request information from everyone

Pre-Employment Checks

When can an employer ask health related questions before a job offer is made

bull To ensure that all candidates will be able to participate equally in the selection process eg interview arrangements

and

bull To find out whether the person can undertake a function that is intrinsic to the job

Pre-Employment

Checks

bull Job offers can be made conditional on satisfactory responses to pre-employment disability or health enquiries or satisfactory health checks

bull However employers must not discriminate against job applicants on the back of the results of such enquiries or checks

Employment Status

The Test of an

Employment Relationship

Personal Service

Mutuality of obligation

Control

(Integration)

ldquoThe Irreducible Minimumrdquo

The Test of an Employment Relationship

If not an employee may be a lsquoworkerrsquo for example

bullcasual ad-hoc staff

bullagency staff

The Test of an Employment Relationship

lsquoZero Hoursrsquo contracts ndash what are they

bull Most prevalent in hotels catering leisure education and healthcare

bull ldquoPrecarious part time and poorly paidrdquo or

ldquoan opportunity for employers to offer flexibilityrdquo

ldquo250000 people on zero hours contractsrdquo

The Test of an Employment Relationship

UberDeliveroo

Upwork

Freelancers

Workers

The Test of an Employment Relationship

ldquohellip the exchange of labour for money between individuals or companies via digital platforms that actively facilitate matching between providers and customers on a short-term and payment by task basisrdquo

The Gig Economy

The Test of an Employment Relationship

Whilst written documents are important the reality of the actual working arrangement will determine whether the individual is an lsquoemployeersquo with the associated employment protection

The Self-employed Contractor

Would you supply this plumber with

bull PPEbull Instructions on how to

do the jobbull The tools to do the jobbull The spare parts

neededbull An ongoing contract

despite the fact he has fixed the leak

The Apprentice

bull The apprentice is recruited on a fixed-term training contract

bull There is no guarantee of permanent employment at the end

bull There is a very high standard set for employers to meet to make dismissal of an apprentice fair

Different Types of Employment Contracts

bull Part time workers are protected under the Part Time Workers Regulations 2000

bull Fixed term or temporary workers are protected under the Fixed Term Workers Regulations 2002

Any Questions

29

Pre-Employment Checks

bull The UKBA sets out the list of documents that are acceptable as evidence

bull Ensure originals are checked and take photocopies of all relevant page(s) Sign and date the copy

bull Be consistent ndash request information from everyone

Pre-Employment Checks

When can an employer ask health related questions before a job offer is made

bull To ensure that all candidates will be able to participate equally in the selection process eg interview arrangements

and

bull To find out whether the person can undertake a function that is intrinsic to the job

Pre-Employment

Checks

bull Job offers can be made conditional on satisfactory responses to pre-employment disability or health enquiries or satisfactory health checks

bull However employers must not discriminate against job applicants on the back of the results of such enquiries or checks

Employment Status

The Test of an

Employment Relationship

Personal Service

Mutuality of obligation

Control

(Integration)

ldquoThe Irreducible Minimumrdquo

The Test of an Employment Relationship

If not an employee may be a lsquoworkerrsquo for example

bullcasual ad-hoc staff

bullagency staff

The Test of an Employment Relationship

lsquoZero Hoursrsquo contracts ndash what are they

bull Most prevalent in hotels catering leisure education and healthcare

bull ldquoPrecarious part time and poorly paidrdquo or

ldquoan opportunity for employers to offer flexibilityrdquo

ldquo250000 people on zero hours contractsrdquo

The Test of an Employment Relationship

UberDeliveroo

Upwork

Freelancers

Workers

The Test of an Employment Relationship

ldquohellip the exchange of labour for money between individuals or companies via digital platforms that actively facilitate matching between providers and customers on a short-term and payment by task basisrdquo

The Gig Economy

The Test of an Employment Relationship

Whilst written documents are important the reality of the actual working arrangement will determine whether the individual is an lsquoemployeersquo with the associated employment protection

The Self-employed Contractor

Would you supply this plumber with

bull PPEbull Instructions on how to

do the jobbull The tools to do the jobbull The spare parts

neededbull An ongoing contract

despite the fact he has fixed the leak

The Apprentice

bull The apprentice is recruited on a fixed-term training contract

bull There is no guarantee of permanent employment at the end

bull There is a very high standard set for employers to meet to make dismissal of an apprentice fair

Different Types of Employment Contracts

bull Part time workers are protected under the Part Time Workers Regulations 2000

bull Fixed term or temporary workers are protected under the Fixed Term Workers Regulations 2002

Any Questions

29

Pre-Employment Checks

When can an employer ask health related questions before a job offer is made

bull To ensure that all candidates will be able to participate equally in the selection process eg interview arrangements

and

bull To find out whether the person can undertake a function that is intrinsic to the job

Pre-Employment

Checks

bull Job offers can be made conditional on satisfactory responses to pre-employment disability or health enquiries or satisfactory health checks

bull However employers must not discriminate against job applicants on the back of the results of such enquiries or checks

Employment Status

The Test of an

Employment Relationship

Personal Service

Mutuality of obligation

Control

(Integration)

ldquoThe Irreducible Minimumrdquo

The Test of an Employment Relationship

If not an employee may be a lsquoworkerrsquo for example

bullcasual ad-hoc staff

bullagency staff

The Test of an Employment Relationship

lsquoZero Hoursrsquo contracts ndash what are they

bull Most prevalent in hotels catering leisure education and healthcare

bull ldquoPrecarious part time and poorly paidrdquo or

ldquoan opportunity for employers to offer flexibilityrdquo

ldquo250000 people on zero hours contractsrdquo

The Test of an Employment Relationship

UberDeliveroo

Upwork

Freelancers

Workers

The Test of an Employment Relationship

ldquohellip the exchange of labour for money between individuals or companies via digital platforms that actively facilitate matching between providers and customers on a short-term and payment by task basisrdquo

The Gig Economy

The Test of an Employment Relationship

Whilst written documents are important the reality of the actual working arrangement will determine whether the individual is an lsquoemployeersquo with the associated employment protection

The Self-employed Contractor

Would you supply this plumber with

bull PPEbull Instructions on how to

do the jobbull The tools to do the jobbull The spare parts

neededbull An ongoing contract

despite the fact he has fixed the leak

The Apprentice

bull The apprentice is recruited on a fixed-term training contract

bull There is no guarantee of permanent employment at the end

bull There is a very high standard set for employers to meet to make dismissal of an apprentice fair

Different Types of Employment Contracts

bull Part time workers are protected under the Part Time Workers Regulations 2000

bull Fixed term or temporary workers are protected under the Fixed Term Workers Regulations 2002

Any Questions

29

Pre-Employment

Checks

bull Job offers can be made conditional on satisfactory responses to pre-employment disability or health enquiries or satisfactory health checks

bull However employers must not discriminate against job applicants on the back of the results of such enquiries or checks

Employment Status

The Test of an

Employment Relationship

Personal Service

Mutuality of obligation

Control

(Integration)

ldquoThe Irreducible Minimumrdquo

The Test of an Employment Relationship

If not an employee may be a lsquoworkerrsquo for example

bullcasual ad-hoc staff

bullagency staff

The Test of an Employment Relationship

lsquoZero Hoursrsquo contracts ndash what are they

bull Most prevalent in hotels catering leisure education and healthcare

bull ldquoPrecarious part time and poorly paidrdquo or

ldquoan opportunity for employers to offer flexibilityrdquo

ldquo250000 people on zero hours contractsrdquo

The Test of an Employment Relationship

UberDeliveroo

Upwork

Freelancers

Workers

The Test of an Employment Relationship

ldquohellip the exchange of labour for money between individuals or companies via digital platforms that actively facilitate matching between providers and customers on a short-term and payment by task basisrdquo

The Gig Economy

The Test of an Employment Relationship

Whilst written documents are important the reality of the actual working arrangement will determine whether the individual is an lsquoemployeersquo with the associated employment protection

The Self-employed Contractor

Would you supply this plumber with

bull PPEbull Instructions on how to

do the jobbull The tools to do the jobbull The spare parts

neededbull An ongoing contract

despite the fact he has fixed the leak

The Apprentice

bull The apprentice is recruited on a fixed-term training contract

bull There is no guarantee of permanent employment at the end

bull There is a very high standard set for employers to meet to make dismissal of an apprentice fair

Different Types of Employment Contracts

bull Part time workers are protected under the Part Time Workers Regulations 2000

bull Fixed term or temporary workers are protected under the Fixed Term Workers Regulations 2002

Any Questions

29

Employment Status

The Test of an

Employment Relationship

Personal Service

Mutuality of obligation

Control

(Integration)

ldquoThe Irreducible Minimumrdquo

The Test of an Employment Relationship

If not an employee may be a lsquoworkerrsquo for example

bullcasual ad-hoc staff

bullagency staff

The Test of an Employment Relationship

lsquoZero Hoursrsquo contracts ndash what are they

bull Most prevalent in hotels catering leisure education and healthcare

bull ldquoPrecarious part time and poorly paidrdquo or

ldquoan opportunity for employers to offer flexibilityrdquo

ldquo250000 people on zero hours contractsrdquo

The Test of an Employment Relationship

UberDeliveroo

Upwork

Freelancers

Workers

The Test of an Employment Relationship

ldquohellip the exchange of labour for money between individuals or companies via digital platforms that actively facilitate matching between providers and customers on a short-term and payment by task basisrdquo

The Gig Economy

The Test of an Employment Relationship

Whilst written documents are important the reality of the actual working arrangement will determine whether the individual is an lsquoemployeersquo with the associated employment protection

The Self-employed Contractor

Would you supply this plumber with

bull PPEbull Instructions on how to

do the jobbull The tools to do the jobbull The spare parts

neededbull An ongoing contract

despite the fact he has fixed the leak

The Apprentice

bull The apprentice is recruited on a fixed-term training contract

bull There is no guarantee of permanent employment at the end

bull There is a very high standard set for employers to meet to make dismissal of an apprentice fair

Different Types of Employment Contracts

bull Part time workers are protected under the Part Time Workers Regulations 2000

bull Fixed term or temporary workers are protected under the Fixed Term Workers Regulations 2002

Any Questions

29

The Test of an

Employment Relationship

Personal Service

Mutuality of obligation

Control

(Integration)

ldquoThe Irreducible Minimumrdquo

The Test of an Employment Relationship

If not an employee may be a lsquoworkerrsquo for example

bullcasual ad-hoc staff

bullagency staff

The Test of an Employment Relationship

lsquoZero Hoursrsquo contracts ndash what are they

bull Most prevalent in hotels catering leisure education and healthcare

bull ldquoPrecarious part time and poorly paidrdquo or

ldquoan opportunity for employers to offer flexibilityrdquo

ldquo250000 people on zero hours contractsrdquo

The Test of an Employment Relationship

UberDeliveroo

Upwork

Freelancers

Workers

The Test of an Employment Relationship

ldquohellip the exchange of labour for money between individuals or companies via digital platforms that actively facilitate matching between providers and customers on a short-term and payment by task basisrdquo

The Gig Economy

The Test of an Employment Relationship

Whilst written documents are important the reality of the actual working arrangement will determine whether the individual is an lsquoemployeersquo with the associated employment protection

The Self-employed Contractor

Would you supply this plumber with

bull PPEbull Instructions on how to

do the jobbull The tools to do the jobbull The spare parts

neededbull An ongoing contract

despite the fact he has fixed the leak

The Apprentice

bull The apprentice is recruited on a fixed-term training contract

bull There is no guarantee of permanent employment at the end

bull There is a very high standard set for employers to meet to make dismissal of an apprentice fair

Different Types of Employment Contracts

bull Part time workers are protected under the Part Time Workers Regulations 2000

bull Fixed term or temporary workers are protected under the Fixed Term Workers Regulations 2002

Any Questions

29

The Test of an Employment Relationship

If not an employee may be a lsquoworkerrsquo for example

bullcasual ad-hoc staff

bullagency staff

The Test of an Employment Relationship

lsquoZero Hoursrsquo contracts ndash what are they

bull Most prevalent in hotels catering leisure education and healthcare

bull ldquoPrecarious part time and poorly paidrdquo or

ldquoan opportunity for employers to offer flexibilityrdquo

ldquo250000 people on zero hours contractsrdquo

The Test of an Employment Relationship

UberDeliveroo

Upwork

Freelancers

Workers

The Test of an Employment Relationship

ldquohellip the exchange of labour for money between individuals or companies via digital platforms that actively facilitate matching between providers and customers on a short-term and payment by task basisrdquo

The Gig Economy

The Test of an Employment Relationship

Whilst written documents are important the reality of the actual working arrangement will determine whether the individual is an lsquoemployeersquo with the associated employment protection

The Self-employed Contractor

Would you supply this plumber with

bull PPEbull Instructions on how to

do the jobbull The tools to do the jobbull The spare parts

neededbull An ongoing contract

despite the fact he has fixed the leak

The Apprentice

bull The apprentice is recruited on a fixed-term training contract

bull There is no guarantee of permanent employment at the end

bull There is a very high standard set for employers to meet to make dismissal of an apprentice fair

Different Types of Employment Contracts

bull Part time workers are protected under the Part Time Workers Regulations 2000

bull Fixed term or temporary workers are protected under the Fixed Term Workers Regulations 2002

Any Questions

29

The Test of an Employment Relationship

lsquoZero Hoursrsquo contracts ndash what are they

bull Most prevalent in hotels catering leisure education and healthcare

bull ldquoPrecarious part time and poorly paidrdquo or

ldquoan opportunity for employers to offer flexibilityrdquo

ldquo250000 people on zero hours contractsrdquo

The Test of an Employment Relationship

UberDeliveroo

Upwork

Freelancers

Workers

The Test of an Employment Relationship

ldquohellip the exchange of labour for money between individuals or companies via digital platforms that actively facilitate matching between providers and customers on a short-term and payment by task basisrdquo

The Gig Economy

The Test of an Employment Relationship

Whilst written documents are important the reality of the actual working arrangement will determine whether the individual is an lsquoemployeersquo with the associated employment protection

The Self-employed Contractor

Would you supply this plumber with

bull PPEbull Instructions on how to

do the jobbull The tools to do the jobbull The spare parts

neededbull An ongoing contract

despite the fact he has fixed the leak

The Apprentice

bull The apprentice is recruited on a fixed-term training contract

bull There is no guarantee of permanent employment at the end

bull There is a very high standard set for employers to meet to make dismissal of an apprentice fair

Different Types of Employment Contracts

bull Part time workers are protected under the Part Time Workers Regulations 2000

bull Fixed term or temporary workers are protected under the Fixed Term Workers Regulations 2002

Any Questions

29

The Test of an Employment Relationship

UberDeliveroo

Upwork

Freelancers

Workers

The Test of an Employment Relationship

ldquohellip the exchange of labour for money between individuals or companies via digital platforms that actively facilitate matching between providers and customers on a short-term and payment by task basisrdquo

The Gig Economy

The Test of an Employment Relationship

Whilst written documents are important the reality of the actual working arrangement will determine whether the individual is an lsquoemployeersquo with the associated employment protection

The Self-employed Contractor

Would you supply this plumber with

bull PPEbull Instructions on how to

do the jobbull The tools to do the jobbull The spare parts

neededbull An ongoing contract

despite the fact he has fixed the leak

The Apprentice

bull The apprentice is recruited on a fixed-term training contract

bull There is no guarantee of permanent employment at the end

bull There is a very high standard set for employers to meet to make dismissal of an apprentice fair

Different Types of Employment Contracts

bull Part time workers are protected under the Part Time Workers Regulations 2000

bull Fixed term or temporary workers are protected under the Fixed Term Workers Regulations 2002

Any Questions

29

The Test of an Employment Relationship

ldquohellip the exchange of labour for money between individuals or companies via digital platforms that actively facilitate matching between providers and customers on a short-term and payment by task basisrdquo

The Gig Economy

The Test of an Employment Relationship

Whilst written documents are important the reality of the actual working arrangement will determine whether the individual is an lsquoemployeersquo with the associated employment protection

The Self-employed Contractor

Would you supply this plumber with

bull PPEbull Instructions on how to

do the jobbull The tools to do the jobbull The spare parts

neededbull An ongoing contract

despite the fact he has fixed the leak

The Apprentice

bull The apprentice is recruited on a fixed-term training contract

bull There is no guarantee of permanent employment at the end

bull There is a very high standard set for employers to meet to make dismissal of an apprentice fair

Different Types of Employment Contracts

bull Part time workers are protected under the Part Time Workers Regulations 2000

bull Fixed term or temporary workers are protected under the Fixed Term Workers Regulations 2002

Any Questions

29

The Test of an Employment Relationship

Whilst written documents are important the reality of the actual working arrangement will determine whether the individual is an lsquoemployeersquo with the associated employment protection

The Self-employed Contractor

Would you supply this plumber with

bull PPEbull Instructions on how to

do the jobbull The tools to do the jobbull The spare parts

neededbull An ongoing contract

despite the fact he has fixed the leak

The Apprentice

bull The apprentice is recruited on a fixed-term training contract

bull There is no guarantee of permanent employment at the end

bull There is a very high standard set for employers to meet to make dismissal of an apprentice fair

Different Types of Employment Contracts

bull Part time workers are protected under the Part Time Workers Regulations 2000

bull Fixed term or temporary workers are protected under the Fixed Term Workers Regulations 2002

Any Questions

29

The Self-employed Contractor

Would you supply this plumber with

bull PPEbull Instructions on how to

do the jobbull The tools to do the jobbull The spare parts

neededbull An ongoing contract

despite the fact he has fixed the leak

The Apprentice

bull The apprentice is recruited on a fixed-term training contract

bull There is no guarantee of permanent employment at the end

bull There is a very high standard set for employers to meet to make dismissal of an apprentice fair

Different Types of Employment Contracts

bull Part time workers are protected under the Part Time Workers Regulations 2000

bull Fixed term or temporary workers are protected under the Fixed Term Workers Regulations 2002

Any Questions

29

The Apprentice

bull The apprentice is recruited on a fixed-term training contract

bull There is no guarantee of permanent employment at the end

bull There is a very high standard set for employers to meet to make dismissal of an apprentice fair

Different Types of Employment Contracts

bull Part time workers are protected under the Part Time Workers Regulations 2000

bull Fixed term or temporary workers are protected under the Fixed Term Workers Regulations 2002

Any Questions

29

Different Types of Employment Contracts

bull Part time workers are protected under the Part Time Workers Regulations 2000

bull Fixed term or temporary workers are protected under the Fixed Term Workers Regulations 2002

Any Questions

29

Any Questions

29