Avoiding Recruitmentís Legislative Minefield

Whether a HR or recruitment professional, the advice out there appears to be clear-document, document, document. With the onus increasingly on the employer in discrimination and employment law cases, a paper trail is vital to avoid unnecessary legislative complications.

A hot topic for the UK staffing sector is the impact of new age discrimination laws on the industry. The same can be said for the Irish market. Jacqui Kelly of AandL Goodbodyís Employment Law department spoke at a recent CIPD event and highlighted to delegates that employee discrimination claims were growing significantly of late. Quoting an Irish Times Article from April of this year, Kelly informed the audience that 2005 figures were up 70% on the year previous.

The Chartered Institute of Personnel and Developmentís (CIPD) Irish branch opened its series of evening seminars to discuss the legal topics of concern for the sector. With more than 200 members on a cancellation list for the event, it is clear that employment law is a major concern for Irish industry professionals.

In attendance were members of the Arithon team. Arithon, as an IT solutions provider for the staffing industry, maintains close relations with the industry to ensure that their recruitment solutions remain a valuable resource for their clients. Roderick Smyth, Arithonís CEO, commented on the event by saying, ìlegislative changes in the staffing and HR sectors not only concern recruiters and personnel managers, suppliers to the sector need to ensure that their products and systems also complyî.

The event, entitled ìEmployment Law-Whatís New?î, broached some of the pressing legislative issues affecting the employment and staffing sectors. Reflective of the current environment, the HR and staffing sector is increasingly becoming aware of the need for airtight procedures and protocols. A recent Irish case, Martin V University of Limerick (2006), is testament to this. Despite the correct systems being in place, this case ruled in favour of the claimant due to an oral assurance given to the employee at the time of recruitment. This case stresses the importance of ensuring that your entire organisation is singing off the same hymn sheet.

The solutions seem clear. Keep your organisation up to date and informed of various legislative changes, and record and manage all written or oral agreements and discussions throughout the recruitment cycle. Furthermore, to facilitate others in your organisation, appropriate software solutions should be invested in to ensure a seamless documentation process.