The law and employing new staff

By LBV

11 May 2011

As some employers know to their cost, the pitfalls of employing staff can start even before an employee has joined. Employment law covers workers at the application stage of a job right through to the course of their employment and even past the point at which the contract of employment comes to an end.

At the outset, employers must ensure that positions are advertised in a non-discriminatory way. Job advertisements should not make reference to any gender, age, religious, racial or sexual orientation factor, unless in a very specific set of circumstances in which on of these ‘protected characteristics’ is a genuine requirement for the job. With the introduction of the Equality Act last year, discrimination has become a much more serious matter for employers, and if found guilty of discriminating against candidates, or indeed employees in the workplace, they could face limitless fines.

At the interview stage, there are further potential pitfalls in relation to equality and discrimination. It is unlawful for employers to favour one candidate over another because of a particular protected characteristic such as age, gender of race. The risks at this stage of employment are very high for employers and they must ensure that they follow a fair process in selecting the candidate who is genuinely the best for the job. The person responsible for conducting interviews on behalf of the business should have had training on equality and diversity to ensure that there can not be cause for a claim at this stage.

Once the employee has been appointed, the employer needs to ensure that the correct documentation and employment law contracts are in place and have been signed.

Even where the correct processes are followed, employers can find themselves on the receiving end of employment tribunal claims by disgruntled employees, even where those claims might have no merit. Some employers end up settling such claims for commercial reasons rather than accruing significant legal costs, which can feel like a victory for the employee.

If you have any doubts about your position and employing staff, you should always seek the advice of a specialist employment lawyer. Seeking advice at the outset rather than at the point when you are being pursued for a claim is by far the more cost effective option. Although employers may feel that the law is loaded in favour of employees, there are ways of minimising the impact this can have.

If you need any advice in relation to employing staff, or any other employment law matter, please do get in touch. Although employers may feel that the law is loaded in favour of employees, there are ways of minimising the impact this can have.

Victoria Mitchell
Farleys

 

Enjoyed this? Read more from LBV

Latest news

1

Driving your business forward with electric Linz Pic 2

Driving your business forward with electric

30 Oct 2026

2

Lancashire businesses react to Autumn Budget UK Parliament

Lancashire businesses react to Autumn Budget

30 Oct 2026

3

Council shake-up decision early next year County Hall Gates

Council shake-up decision early next year

29 Oct 2026

4

Mayoral authority pathway for Lancashire revealed County Hall in Lancashire

Mayoral authority pathway for Lancashire revealed

28 Oct 2026

5

Healey looks to deliver ‘breathing space’ Johnhealeyofficialcabinetportraitjuly2024cropped2

Healey looks to deliver ‘breathing space’

28 Oct 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV131 November/December Magazine Networking Event
LBV131 Magazine Launch Social720No Text 19 Nov 2026

LBV131 November/December Magazine Networking Event

The Landmark, School Lane, Burnley, BB11 1UF

08:30 - 10:30

Lancashire Business Day 2026
LBD26 WW Logo720 27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

Sub36 Reunion & Networking
03 Dec 2026

Sub36 Reunion & Networking

Burnley Football Club, BB10 4BX

15:00 - 17:00

Lancashire Net Zero Conference 2027
NZC27 Social 1200x800Generic 11 Feb 2027

Lancashire Net Zero Conference 2027

The Wellbeing Farm, Edgworth, Wheatsheaf Hill Farm, Plantation Road, BL7 0BY

09:30 - 02:00

Help to Grow: Management Course
Help To Grow 25 Sep 2026 - 15 Dec 2026

Help to Grow: Management Course

University of Lancashire, Preston, PR1 2HE

09:30 - 12:00

Chamber Breakfast Networking – November
Lancaster And Morecambe Logo 1 03 Nov 2026

Chamber Breakfast Networking – November

Porsche Centre South Lakes, Carnforth, LA6 1FW

08:30 - 10:30

Funding Unlocked
IMG_3058.jpeg.jpg 04 Nov 2026

Funding Unlocked

Accrington Stanley FC, Accrington , BB5 5BX

10:00 - 12:30

Clubhouse Business Network sponsored by Orca Finance - November 2026
Club House Padel 05 Nov 2026

Clubhouse Business Network sponsored by Orca Finance - November 2026

Clubhouse, Blackburn, BB1 3NT

14:00 - 16:00

The Business Network Central and East Lancashire
12 Nov 2026

The Business Network Central and East Lancashire

Longridge House, Preston, PR3 2TB

11:30 - 14:15

Napthens' Cumbria Clay Shoot - for Penny Conservation Charity
N123_1200x400px_Title&Subtitle (1).png.png 12 Nov 2026

Napthens' Cumbria Clay Shoot - for Penny Conservation Charity

Leighton Hall Estate Storrs Lane, Carnforth, LA5 9ST

09:00 - 16:00

Lancaster District Business Support Expo
Logo.jpg.jpg 18 Nov 2026 - 18 Nov 2026

Lancaster District Business Support Expo

The Platform, Morecambe, LA4 4DB

09:00 - 13:00

Great Winter Pie & Pea Social
Logo.jpg.jpg 19 Nov 2026

Great Winter Pie & Pea Social

The Royal Hotel & Bar, Lancaster, LA1 1YD

17:30 - 20:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV130 Online GraphicWebsite
Subscribe now

Weekly news bulletin