Legal and regulatory framework

Understanding the Legal Framework

The recruitment industry operates within a set of legal rules and regulations that safeguard the interests of both candidates and employers.
The Employment Rights Act 1996 provides employees with various rights including the right to a written statement of terms and conditions of employment, and protection against unfair dismissal.
The Equality Act 2010 is a key piece of legislation in recruitment. It prohibits discrimination in respect of the ‘protected characteristics’: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
The Employment Agencies Act 1973 and the Conduct of Employment Agencies and Employment Businesses Regulations 2003 regulates the conduct of both employment agencies and businesses.
The GDPR (General Data Protection Regulation) impacts how recruiters collect, store, and use the personal data of candidates.

Understanding the Regulatory Framework

The Recruitment & Employment Confederation (REC) is the professional body for the UK recruitment industry. It provides best-practice guidance, legal advice, and training to recruitment agencies.
Companies, recruiters, and hiring managers must follow specific rules and procedures when advertising for a role, including accurate representation of the role and avoiding discriminatory language.
Ethical considerations are fundamental in recruitment, covering areas like candidate consent, transparent communication, and confidentiality.
Agency Worker Regulations (AWR) provide agency workers with entitlement to the same basic employment and working conditions as if they had been recruited directly.
Regular changes and updates mean that recruiters need to keep up-to-date with the latest legal and regulatory changes in their market. Continuous professional development (CPD) is a key aspect of this.