Recruitment/Equal Opportunities 

Apart from a some minor exemptions (e.g, a genuine occupational qualification such as a chinese actor) an employer must not take racial group, sex (including gender reassignment) or the fact that someone is married into account when recruiting and selecting staff, determining conditions of employment, offering training or other benefits, transferring, dismissing or promoting staff.The codes of practice of the Commission for Racial Equality and Equal Opportunities Commission set out good practice. Failure to comply with the codes is not unlawful, but is taken into account if a discrimination claim is brought against an employer.

Unlawful race or sex discrimination is defined as:

• treating someone less favourably on the basis of racial group, sex or marital status than a person from another group is or would be treated in the same or a similar fashion (direct discrimination);
• applying a requirement or condition, even if it applies to everyone equally, if the condition is not justifiable and has a detrimental effect on people of a particular racial group or sex, because they disproportionately cannot comply with the requirement or condition (indirect discrimination);
• treating someone less favourably because he or she has claimed that an employer has discriminated unlawfully, or because he or she has brought or been involved in proceedings against a discriminator (victimisation).

It is unlawful to publish advertisements which indicate, or could reasonably be interpreted as indicating, an intention to discriminate unlawfully. Use of words such as 'waitress', 'barman' etc are assumed to indicate an intention to discriminate unless the advertisement states otherwise.

Religious, Sexual Orientation and Age Discrimination is outlawed by virtue of the European Equal Treatment in Employment Framework Directive by2 December 2003 (Age by 2 December 2006).

Young People:

Children may not be employed before the age of 13. From 13 to school leaving age there are limits on working hours (generally two hours on Sundays and five hours on Saturdays, or eight hours if over 15, with a maximum 25 hours per week during school holidays or 35 hours if over 15).

Criminal Records:

(See also Members/Child protection for vetting arrangements)

The Rehabilitation of Offenders Act 1974 gives most ex-offenders the right not to reveal convictions when these have become 'spent' after a rehabilitation period without further offence.

The rehabilitation periods are:

• Sentence over 30 months: Never spent;
• Sentence six to 30 months: Spent 10 years from date of conviction;
• Sentence less than six months: Spent seven years from conviction;
• Sentence of conditional discharge or bind-over: Spent after one year;
• Sentence of unconditional discharge: Spent after six months.

The rules to not apply to a number categories including:

• all workers, whether paid or voluntary, who have substantial access to people under 18 in the course of their duties, including the provision of accomodation, care, leisure and recreational facilities, schooling, training, supervision or social services;
• teachers.

Application forms for jobs covered by these (and the other) exceptions should ak whether the applicant has any convictions, and should include the statement:

'This post is exempt under the Rehabilitation of Offenders Act 1974 and you are required to reveal all convictions, even those which are spent'.

Children's Legal Advice Centre (no website) re school age workers:- tel  01206 873820 .

If you require further assistance please do not hesitate to contact the Legal Team Tel:  0844 5569519  Email: legal@rya.org.uk.