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 also from advertising such unnecessary requirements.

Description

The Employment (Application Requirements) Bill amends the Employment Rights Act 1996. It introduces Part VB, “Protection for Job Applicants: Qualification or Experience Requirements,” specifically section 49D. This section empowers the Secretary of State to create regulations to prohibit employers from:

• Discriminating against applicants who lack qualifications or experience not necessary for the job.
• Advertising unnecessary qualifications or experience in job postings.

The regulations will:

• Specify work or job categories requiring particular qualifications or experience.
• List minimum requirements for those categories.
• Place the burden of proof on employers to show the necessity of a qualification or experience.

The bill defines “work” to encompass employment contracts, personal service contracts, and appointments to offices or posts. It also outlines how employers might discriminate (e.g., rejecting an application) and allows for regulations covering actions of workers and agents acting on behalf of an employer. The bill grants tribunals jurisdiction to handle disputes, provide remedies, and award compensation. It allows for differing provisions based on circumstances.

Government Spending

The bill doesn't directly specify government spending figures. The cost will depend on the resources needed to create and enforce the regulations, which may include staffing for enforcement agencies and administrative costs associated with potential legal cases.

Groups Affected

This bill could affect:

• Employers: They will face restrictions on the requirements they can set in job applications and advertisements, potentially needing to adjust their recruitment practices.
• Job Applicants: They will benefit from reduced discrimination based on unnecessary qualifications or experience, increasing access to job opportunities.
• Employment Tribunals: They may see an increase in cases related to this legislation.
• The Secretary of State: Responsible for creating and overseeing the regulations.

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