Overview

This bill aims to prevent employers from unfairly demanding unnecessary qualifications or experience in job applications. It allows the Secretary of State to create regulations that prohibit discrimination against applicants based on such requirements, unless they're genuinely necessary for the job.

Description

The Employment (Application Requirements) Bill amends the Employment Rights Act 1996. It introduces Part 5C, "Protection for Job Applicants: Qualification or Experience Requirements," which gives the Secretary of State power to create regulations. These regulations will:

• Prohibit employers from discriminating against applicants lacking qualifications or experience deemed unnecessary for the role.
• Prevent employers from advertising unnecessary qualifications or experience in job vacancies.
• Allow for the creation of a list specifying job types where certain qualifications or experience are considered necessary, along with their minimum requirements.
• Place the onus on the employer to prove that a stated qualification or experience is "necessary" for the job.
• Define "work" broadly to encompass employment contracts, contracts for personal service, and appointments to offices or posts.
• Provide legal recourse for applicants who face discrimination based on unnecessary requirements, including compensation and legal jurisdiction through employment tribunals.

Government Spending

The bill doesn't directly specify government spending figures. The cost will depend on the resources allocated to the Secretary of State for creating and enforcing the new regulations, including the potential costs associated with employment tribunals dealing with related cases.

Groups Affected

• Job applicants: This bill primarily benefits job applicants who may have been unfairly excluded from opportunities due to unnecessarily high qualification or experience requirements. It could improve their chances of securing employment.
• Employers: Employers will need to carefully review their job application requirements and demonstrate the necessity of any stated qualifications or experience. Failure to comply could lead to legal action and potential penalties.
• Employment tribunals: These tribunals will likely see an increase in cases related to the new regulations, requiring additional resources to manage the workload.
• The Secretary of State: They will be responsible for creating and implementing the regulations, which will require significant administrative and potentially legal resources.

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