Legal considerations when employing salon staff

Published 09th Oct 2008 by sophieh
Legal considerations when employing salon staff

Employing members of your salon team can prove to be an unnecessary headache if you don't follow the right channels.

There are several potential claims that might arise during the recruitment process including discrimination in the arrangements for an interview and by failure to offer employment. There is also the possibility of harassment claims.

Employers need to be particularly wary as there is a potential for liability through the acts of staff members involved in the recruitment process. For this reason each step of the process must be in line with the employer's recruitment and equal opportunities policies.

Graeme Perrey, trainee solicitor with City Law firm Sykes Anderson Solicitors LLP explains how you can ensure fairness and reduce the chances of claims against you. 

What do I need to consider when writing the job advertisement?

Before placing any adverts for a job, it is best to draw up a job specification. By setting out specific criteria for successful applicants to meet, the chances of subjective decisions being made about individuals should be reduced. However, you must be careful to avoid excluding any class of individuals e.g. age, sex etc.

Once the advert has been prepared, consider where it will be shown. It is possible that advertising exclusively through certain media, such as the internet, will prevent it being seen by certain classes of potential candidates. It is also important to avoid recruitment by word of mouth as this can lead to a lack of diversity in the make-up of the workforce.

Decide on the content of any advert with great care. If this goes wrong, it might lead to a potential discrimination claim, or be used as evidence of a discriminatory culture. It is essential to avoid any stereotypical connotations or requirements which will exclude certain classes. If, however, the requirement is a genuine occupational one the advert should state this and make reference to the statutory exception in question.

If an advert is considered discriminatory, action might be brought against you by the Equality and Human Rights Commission. As well as bringing bad publicity, it could lead to an injunction against further advertisements. Discrimination claims could also be brought by the candidates themselves.

What about the application process?

Using a standard application form puts all candidates on an equal footing. Also give some thought as to how these forms are made available. There should also be consideration as to the making of reasonable adjustments for disabled applicants.

When shortlisting applicants, the job specification and requirements for the role must be considered and objectively matched to those applying for the position. These criteria must be applied at each stage to ensure fairness throughout. If possible, appoint a panel to go through the applications to reduce the likelihood of a subjective decision.

How should I conduct the interview?

Consider a panel. Increasing the number of people involved in the interview should lead to an appointment based on objective reasons. The interviewers should meet beforehand to determine the questions to be put to candidates and, in all cases, these questions must in some way be linked to the job.

There is a risk of harassment claims stemming from the behaviour of staff. This might be related to age, sex, race, disability, religion, nationality or any personal characteristic of the individual, and could be persistent or an isolated incident. A claim can be successful if the actions or comments are viewed as demeaning and unacceptable to the recipient.

With regards to the arrangements for the interview, consider whether any reasonable adjustments should be made to avoid discriminating against disabled candidates.

After the interview, candidates might ask for feedback. Failure to provide this can be used to imply that the reason for rejection is discriminatory. You should always respond promptly and in accordance with any policies you have in place regarding any such requests.

Throughout the selection process it is vital to retain a paper trail showing records of the decision making that has taken place. This can then be used as evidence to defend against any discrimination claim which might arise.

Can I make checks on the candidates?

Although there is no general legal obligation upon an employee to provide references it is always best practice to ask for them. Any job offer should be made conditional on the receipt of satisfactory references from previous employers.

It is possible to ask candidates about any criminal records. However, under the Rehabilitation of Offenders Act, it might not be necessary for the candidate to reveal old convictions if they have become  'spent'.

Employers must remember they are under a duty to ensure that those they employ have permission to work in the UK. It is a civil offence if you negligently employ someone who doesn't have such permission.

How should I send the job offer?

When sending out an offer, decide whether it is going to contain all the contractual terms of employment. If so, it must contain all relevant terms and incorporate other documents which contain contractual terms, such as a staff handbook.

If the offer and contract are to be separate, provision should be made so that the contract terms prevail should there be any inconsistency.

In any case, it is a minimum requirement that the offer letter/contract includes the written particulars required under Section 1 Employment Rights Act 1996.

Finally, if you are placing conditions they must be set out in the offer letter. It is also advisable, for more senior positions and depending on the area of work, to check whether any restrictive covenants are in place from previous employment which bind the prospective employee. 

sophieh

sophieh

Published 09th Oct 2008

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