For example;
- Making application forms in larger print or Braille
- Allowing applications to be made in other formats other than writing. E.g. Audiotape.
- Providing a sign language interpreter for interviews.
- Holding the interviews in a venue accessible to all.
If McDonald’s choose to employ someone who has a disability they must make suitable adjustments in the working area. They could include:
- Moving around Furniture
- Reallocating some duties of a job to another member of staff.
- Allowing someone to work more flexible hours
- Allowing time off for rehabilitation
- Providing information in a clear format- Large Font.
- Providing a piece of specialist equipment such as a text phone for a hearing impaired person or a screen reader for visually impaired people.
- Moving a disabled person to another available vacancy.
It is very important that all of these changes are handled correctly, to avoid any upset. Not only for the member of staff with the disability, but to McDonald’s, who do not want to be accused of Discriminating against people with disabilities.
Rehabilitation of an offender
Because of the Rehabilitation on offenders Act some Criminal offences can be over looked after a certain period of time. This is called a “rehabilitation period”. A rehabilitation period is a set length of time from the date of conviction. With exceptions after this period the ex offender does not have to mention the conviction when applying for any job. In an applicant has a spent conviction they do not have to declare it on the application form as long as the position is exempt under the Act. A spent conviction is not considered solid grounds for not excepting the application. However if the applicant does not mention any unspent convictions then their application may not be accepted on the grounds of deceit. Due to the sensitive nature of employment there are some exceptions:
- Any post providing accommodation., care, leisure and recreational facilities, schooling, social services, supervision or training to people aged under 18e.g. Teachers, school caretakers, youth and social workers, child minders.
- Employment providing social services to elderly people, mentally or physically disabled people, alcohol or drug mis users or the chronically sick.
- Appointment to any offices or employment involving the administration of justice, including police officers, probations officers, traffic wardens.
- Appointment to jobs where national security may be at risk, e.g. certain post in civil service, defence contractors.
How will this affect the recruitment and selection process?
Before a business can offer the job to an applicant they must consider which exempt category of exemption, if any, they fall into. If they do fall into a certain category then this will have to be stated on the job advertisement. They will also have to make sure that application forms have a section which request information on any previous convictions. Normally on an application form you would find that they have a section that declares if the post being applied for is exempt from the legislation. This information must be made very clear to all applicants.
Sex Discrimination Act
The Sex Discrimination Act makes it illegal to discriminate against anybody on grounds of his or her gender or marital status. Discrimination can be direct or indirect. Direct is where a job could be referred to as a “salesman” instead of a “sales assistant” or it could be indirect such as an employee who can lift 25kg. This could exclude some woman from applying for the job. There are only a few instances where a job can be advertised to a certain sex. This could be due to the nature of the job, for example a housemaster for the care of young men, or a housemistress to care for young women.
The entire recruitment selection process is affected by this legislation. While completing the job description and person specification, a business must make sure that it does not contain any sexist language. They must also make sure that the application form does not ask any leading questions which could consequently discriminate against men or women.
During the selection stage, gender must not influence which candidates are selected to attend the interview. The shortlist must be based on the applicant’s ability and suitability for the role. During the interview all members of the interview team must ensure all candidates are asked all the same questions and they do not allow bias into the selection process.
Race Relations Act
Racism is a continued problem. The Race relations Act states that is illegal to discriminate against some one due to their race. The act is enforced to give employees advice on how to ensure they are not accidentally discriminating against a different ethnic culture in their recruitment and selection process.
How does this affect the recruitment and selection process?
When writing the Job description and person specification they must make sure that is does not prevent people of ethnic background from applying. The application form must be designed in a way that would encourage applicant from a wide variety of cultural backgrounds. During the interview process the interview team must make sure that they do not directly or indirectly discriminate against people with different ethnic backgrounds.
Equal Pay Right
The Equal Pay Right gives an individual the same rights of pay as well as benefits as a person of the opposite gender in the same employment where a man and woman are doing:
- Similar work
- Work rated at the same grade under an analytical job evaluation or study.
- Work that is proved to be of equal value.
The employer will not be required to offer the same benefits or the same pay if it can be proved that the difference in pay or benefits is for a genuine reason, other than gender.
However, if an employee feels they are being discriminated against, they are able to take their case to an employment tribunal. Claims may be brought at any time during employment and within 6 months of leaving employment. If they manage to make a successful claim, the complainant will be entitled to:
- The same level of pay or benefits as his or her comparator for the future (unless they have left the post)
- Back pay representing the difference in pay (subject to a limit) with interest.
How does this affect the recruitment process?
Once a business has decided that a vacancy doe not exist it will start the job analysis. At this stage the rate of pay must be carefully matched to the pay other staff receive who are at the same or comparable work. The Equal opportunities Commission does offer help and advice to employers concerning all equal opportunities matters. They hope to avoid any breach of legislation. This act is as much for the employer as it is the employee. Trying to reduce the risk of any business having to pay out large sums on money
Ethical Constraints
Some businesses do not consider any complying with legislation a minimum requirement. They also set themselves ethical guidelines to ensure their employees remain happy and motivated within the workplace. These ethical guidelines apply to all parts of the business including the recruitment and selection process. When setting up interviews one of the most important things is to ask questions everyone can answer and also making sure that they are not leading. All of the questions need to be demanding in order to discover if the candidates is “up to the job” but also non threatening. There re two types of questions that could be used- open or closed. An open question allows a candidate to give detailed answer, whereas a closed question only involves a yes or no answer. An experienced interviewer will be able to encourage and probe the most nervous of interviewees, helping to maximise their chance of acquiring the position.
Unbiased interview questions
It takes a lot of time and effort to write a full set of questions for an interview. You have to consider what information about the candidates is required. The next stage is to decide the best way to obtain all of the information through questioning.
Biased is when you have an opinion that benefits or favours one group of people. If you were part of the interview team and particularly wanted a new employee to be young and female they may design questions which fit the criteria for this type of person; therefore making it vital that all questions asked in the interview are general and can be answered equally by everyone.
Interviews usually follow a theme. The candidate is settled into the interview with a generalised question about their journey or how they heard about the job to begin with. They would then be asked the questions that have been selected by the interview panel. Some questions may relate to previous job roles, experience and how they feel this would benefit them in their new position. The questions will also be linked to the skills and personal qualities that the business is looking for. There will then e a list of questions that link to the candidates application form.
Feedback to unsuccessful candidates
All candidates who have participated in the interview are entitled to feedback about their performance in the interview. The purpose of this is to assist unsuccessful candidates improve their interview skills. Feedback must be constructive. A candidate may be disappointed they failed to get the job and therefore do not need their confidence knocked any more than necessary. When giving feedback the interviewer must remember to start the conversation discussing the areas in which the applicant interviewed well. Then they must move on to areas where improvements could be made, making suggestions as to how the candidate could improve their performance in the future, being sure to ask the candidate if they have any questions.
