Overview

This bill aims to prevent employers from unfairly discriminating against job applicants by requiring unnecessary qualifications or experience. It allows the Secretary of State to create regulations that prohibit employers from demanding qualifications or experience not essential for the job and to specify necessary qualifications for certain jobs.

Description

The Employment (Application Requirements) Bill amends the Employment Rights Act 1996. It introduces a new Part VB, "Protection for Job Applicants: Qualification or Experience Requirements," specifically section 49D. This section empowers the Secretary of State to create regulations prohibiting employers from discriminating against applicants based on unnecessary qualifications or experience.

Key aspects of Section 49D:

• Prohibits employers from discriminating against applicants lacking unnecessary qualifications or experience.
• Prohibits advertising unnecessary qualifications or experience in job postings.
• Allows regulations to list jobs requiring specific qualifications/experience and define those minimums.
• Places the onus on the employer to prove a qualification or experience is "necessary."
• Defines "work" broadly, including employment contracts, personal service contracts, and office appointments.
• Defines discrimination as less favorable treatment of an applicant compared to others.
• Grants power to create regulations addressing issues like vicarious liability for employers, jurisdiction of tribunals, remedies, and compensation awards.

The bill also amends section 236(3) of the Employment Rights Act 1996 to include the new section 49D under the affirmative procedure for orders and regulations. The bill will come into effect 90 days after being passed.

Government Spending

The bill doesn't directly specify government spending figures. The cost will depend on the resources required for the Secretary of State to create and enforce the regulations, as well as any potential compensation awards resulting from successful discrimination claims.

Groups Affected

• Employers: Will be subject to new regulations and potential legal action for discriminatory practices.
• Job applicants: Will benefit from protection against unfair qualification and experience requirements.
• Employment tribunals: Will have increased jurisdiction to hear cases arising from this legislation.
• Secretary of State: Responsible for creating and enforcing the regulations.

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