The laws governing discrimination play an important role at every stage of the recruitment and selection process. Employers should judge job applicants against a range of objective criteria, eg skills, knowledge and experience and not on personal factors.

Employers also need to be aware of other legal requirements, such as legislation on criminal records, the need to check that the selected candidate has the right to work in the UK, and case law on references for those selected for appointment. In addition, data protection legislation (which was revised as from 25 May 2018 as a result of the EU’s General Data Protection Regulation (GDPR) imposed in the UK through the Data Protection Act 2018) applies to the gathering, retention and disclosure of information obtained during the recruitment process.

This topic includes information on all of these legal requirements and also provides details on other issues such as the restrictions on the employment of children and young persons, the National Minimum Wage and carrying out checks on potential employees.

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