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Peninsula, the employment law consultnacy, looks at Job Advertising

Kim Dalton(OU) - Thursday, December 04, 2008

There is an old truism that when you are in a swamp and the alligator is about to bite your head off it is difficult to remember that your intention was to drain the swamp!

So many laws support interrelate (or even contradict one another) that it is extremely difficult to understand and hang onto the basic principles in recruiting and managing people.

Astonishingly, employment law has developed and allowed the people in Britain today to have at least six rights which they could pursue to the Employment Tribunal before they are an employee, or even before have been interviewed! Those six are to be joined by others in the not too distant future. The existing six are concerned with discrimination on the grounds of age, race, sex, disability, trade union and (Northern Ireland only at present), religion/political opinion or persuasion. Therefore adverts should not contain any element, referring to these areas, which is directly or indirectly discriminatory.  

But more of the law later. Why are you advertising? Recruitment advertising is usually for one of two purposes, to replace leavers or to increase numbers (presumably to cope with growth/increased production). It should only be done at the end of the thought process chain; it should not be that leavers are automatically replaced, like with like. Questions need to be asked first starting with, perhaps, why are they leaving and could something be done to persuade them to stay?

If they do leave - do you need to replace? Could the work be divided amongst a number of other employees thus cost saving. If some hours still need to be replaced (even all of them) is the replacement of a full-timer with a full-timer the best thing to do? Would two 20 hour, or four 10 hour workers, be more flexible and economic (especially if you can keep them below the income tax, NI, employer’s contribution threshold). Does this leaver offer the opportunity of re-structure, re-engineer working methods and system without problems of staff resistance?

Having explored these areas then thorough checking and updating of the job description to ensure it is still relevant is required next. Use the job description requirements to define the attributes required of the person to undertake the role, (called a personnel specification). For example, strict eye sight colour definition requirements required of airline pilots means that someone who is colour blind (especially red/green) simply cannot perform the job. Be sure that you do not introduce requirements which would indirectly discriminate by requiring a standard from an applicant that the job does not demand. For example a high standard of spoken and written English is not necessary for someone whose job is to pick out twigs/leaves, etc., from fruit passing along a production line.  

Once you know what the job is and what it requires of the individual, the advert can then be drawn up. Job title should be the prominent heading. Adverts with the salary displayed attract a larger and more relevant response. Display the skill requirements prominently or else too many unqualified personnel will apply accordingly. Highlight benefits, not just financial but growth or promotion opportunities, growing market sector/market leader, etc. - if your job is not as attractive as others on the page there is a chance you will lose the applicant to them. Consider where and when to advertise and target carefully. Obviously avoid using any potentially discriminatory language, e.g. ‘Man Friday’ wanted as this clearly discriminates against female candidates and may even be classed as racist as well. “Waiter” is not acceptable, “Waiter/Waitress” is. Manager is acceptable, it is not necessary to state Manager/Manageress - but should there be any doubt make this clear. Make clear how applications should be submitted, e.g. application form, letter, letter and CV, fax, e-mail, etc., and by what closing date.  

Time taken to carefully decide what precisely the job is, what is required of the individual(s) and how this can best be translated to an advert is rarely time wasted. “Staff wanted”, as an advert, usually is!

To contact Peninsula’s specialist consultant please call:

Peter Hipkiss,

M: 07966 112 075

Or

Simon Dodd

Tel: 0161 827 9918 (Xtn 8019)

Article provided by Peninsula Business Services