The rehabilitation of offender's act 1974 enables some criminal convictions to be ignored or spent; this is after a rehabilitation period. A rehabilitation period is a set date from the date of the conviction. After this period is over with certain exceptions, the ex offender is not obliged to mention this to the employer when applying for the job. However if the applicant fails to reveal any unspent convictions then he/she can be dismissed on the basis of dishonesty.
Due to the sensitive nature of some employment there are some exceptions to the act. These include appointments to jobs where national security can be at risk, for example certain posts in the civil services, such as defence contractors. How this affects the recruitment process The way the rehabilitation of offenders act affects the recruitment process is when the business advertise the job they cannot state that they don't want any applicants with any criminal convictions.
The business will provide a section on the application form and they will ask the applicant if they have had any previous convictions. This can affect the recruitment process because the business cannot say to the applicants that they are not giving the same opportunities as another employee because of their previous convictions. This would be breaching the equal opportunities and the rehabilitation offender's act. If the employees or applicants are not treated fairly then they can be taken to a tribunal.
Consequences If the business does not follow these rules then the business can be taken to a tribunal for unfair dismissal. The business must follow these strict procedures to avoid being taken to a tribunal. Sex Discrimination Act The Sex Discrimination Act 1975 is an Act of the Parliament of the U. K to protect men, women and Tran gendered people from discrimination on the grounds of gender. The Act is mainly in relation to employment, training, and education. The discrimination cannot be direct or indirect.
Direct discrimination is when a particular gender is discriminated. For example a business cannot have a job advertisement stating 'salesmen'. This is because a female can have the right requirements for the job and the female gender is not being considered for the job. Indirect discrimination could be when there is a job advertisement requesting an employee who can lift 30kg. This is discrimination because it is stating that the business wants strong people and it is unlikely that a woman would pick up 30kgs. How this affects the recruitment process
The sex discrimination act affect the recruitment process because when the business designs the job description and person specification, the business needs to make sure that it does not contain any sexist language. The business also needs to ask itself has it in any way discriminated against one of the sexes. The application form also must be designed so that they don't ask any leading questions which could indirectly discriminate against male or females. During the recruitment process the employer must not be influenced on gender when selecting candidates.
Consequences The business will need to consider the selection process as they cannot reject any candidates due to their sex. The business will need to plan the question before hand so they don't end up asking sexist questions which the business can later regret due to legal reasons. The business can be taken to a tribunal if the applicant feels he or she have not been treated to the best of ability be a business. If the business is taken to the tribunal then it could end up paying a lot of compensation and the business can lose their reputation. Race Relations Act
The Race Relations Act, it is unlawful to discriminate against anyone on grounds of race, color, nationality, or ethnic or national origin. The Race Relations Act generally applies to the fields of employment, planning, housing, the exercise of public functions both by public authorities and also private bodies exercising public functions. How this affects the recruitment process The way the Race Relation Act affects the recruitment process is that the business must make sure they are not in anyway discriminating anyone because of their cultural backgrounds when recruiting for a job.
The application form should be designed so that it encourages everyone from every culture to apply for the job. When in an interview the business must not discriminate anyone because of their cultural backgrounds either directly or indirectly. The race relations act makes it clear that no person can be discriminated on the base of their gender or their background or any other matter. This allows a more comfortable and enjoyable work environment.