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by Munro Research

Employment (Application Requirements) Bill


Official Summary

A Bill to regulate the use of minimum qualification or experience requirements in job applications; and for connected purposes.

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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 prohibiting this practice and specifies that employers must justify any such 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," which focuses on preventing discrimination based on unnecessary qualifications or experience demands.

Key Provisions:
  • Prohibition of Discrimination: Employers will be prohibited from discriminating against applicants who lack qualifications or experience deemed unnecessary for the job.
  • Regulation Power: The Secretary of State can create regulations specifying necessary qualifications and experience for various jobs, and forbidding the advertisement of unnecessary requirements.
  • Employer's Burden of Proof: Unless a qualification or experience is listed in the regulations as necessary, the employer must prove its necessity.
  • Definition of "Work": The bill defines "work" broadly to encompass employment contracts, contracts for personal services, and appointments to offices or posts.
  • Enforcement: The bill allows for regulations to give employment tribunals jurisdiction to handle complaints, establish remedies, and set compensation awards for breaches.

Government Spending

The bill doesn't directly specify government spending. However, implementation will likely incur costs related to drafting and enforcing regulations, potentially including staffing and administrative expenses for the employment tribunals. No specific figures are provided in the bill text.

Groups Affected

This bill will affect:

  • Employers: They will face restrictions on the requirements they can impose on job applicants. They may need to revise their recruitment processes and justify their qualification and experience requirements.
  • Job Applicants: This bill aims to protect applicants from unfair discrimination based on unnecessary criteria, potentially widening access to job opportunities.
  • Employment Tribunals: They may see an increase in cases related to this legislation.
  • Government: It will have the responsibility for creating and implementing the necessary regulations.
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