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Law/regulations & Recruitment and Selection Unit 13 P2
Transcript of Law/regulations & Recruitment and Selection Unit 13 P2
The legal and regulatory framework that impacts upon the recruitment & selection process
Equality Act 2010
European Working Time Directive (93/104/EC)
National Minimum Wage
What is the Equality Act?
What are the 9 "Protected Characteristics"?
What types of discrimination are covered in the Equality Act 2010?
Sort out these mixed up definitions
Data Protection Act 1998
What parts of the recruitment and selection process are affected
by the Equality Act 2010
In teams research the following
sections of the recruitment &
selection process in terms of your section of the Equality Act 2010:
Marriage and civil partnership
Pregnancy and maternity
Religion or belief
Write this up into your answer
Definition of working time
‘Working time' means any period during which the individual is working, is at the employer's disposal and is carrying out their activities or duties.
The basic rights
The WTR currently provide employees with the following basic rights and protections:
a limit of an average of 48 hours a week over a 17 week period which a worker can be required to work
a limit of an average of 8 hours work in 24 hours which night workers can work
a right to 11 hours rest a day
a right to a day off each week
a right to an in-work rest break if the working day is longer than 6 hours
a right to 28 days paid leave for full-time workers per year.
Organisations in Britain actively implement the opt-out clause to the 48 hour limit which allows for companies to ask employees to agree to work more than 48 hours a week in a 4-month period. But employers cannot force employees to sign an opt-out: it must be agreed to and employees must not be dismissed for refusing to sign one. (The EU have made several attempts to remove or modify opting out but agreement on such changes has not been reached.)
Employees are entitled to 28 days paid holiday (reduced pro rata for part-time employees). This may include the 8 public holidays.
National Minimum Wage rates
The National Minimum Wage rate per hour depends on age and whether the employee is an apprentice - an employee must be at least school leaving age to get it.
Year 21 and over 18 to 20 Under 18 Apprentice*
2013 (from 1 October) £6.31 £5.03 £3.72 £2.68
2012 (current rate) £6.19 £4.98 £3.68 £2.65
2011 £6.08 £4.98 £3.68 £2.60
2010 £5.93 £4.92 £3.64 £2.50
*This rate is for apprentices under 19 or those in their first year. If you’re 19 or over and past your first year you get the rate that applies to your age.
Which part of the recruitment and selection process is affected by the minimum wage?
Task to be completed
see Fronter - table
Which part of the recruitment and selection process is affected by the Working time directive?
Contract of employment?
Which part of the recruitment and selection
process is affected by the Data Protection Act