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Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.
Is it lawful for an employer to indicate that a vacancy is aimed at women if the job is advertised in a women's magazine?
Is it unlawful to include a preferred age range in a job advertisement?
Can employers stipulate in job adverts that applications from individuals who have reached, or are within six months of reaching, retirement age will not be accepted?
In light of the age discrimination legislation can employers still use university "milk rounds" to recruit employees?
If a job is being advertised internally, can it be made clear if the job is unsuitable for physically disabled candidates?
Is an employer acting unlawfully if it tells a third party such as an employment agency that it would prefer to appoint a man for the job?
Are employers obliged to advertise jobs internally?
Is there a legal requirement for employers to advertise every job vacancy that arises?
Can an employer advertise a position internally and state that only applications from permanent employees will be considered?
Is it permissible for an employer to state in a job advert that applicants must hold a full driving licence?
Where a full-time position is advertised, is the employer required to consider an applicant who informs it at interview that she would like to work part time?
Can employers specify a minimum number of years' service in job advertisements?
When recruiting to a vacancy can an employer offer a better salary than that offered to existing employees in order to attract candidates?
Are employers legally required to notify employees who are on long-term sickness absence of any vacancies or promotion opportunities?
The Agency Workers Regulations 2010 (SI 2010/93) impose an obligation on a hirer to inform an agency worker supplied to it about relevant vacant posts with it, to give him or her the same opportunity as a comparable worker to find permanent employment within the organisation.
A “comparable worker” is one who also works under the direction of the hirer, works or is based at the same establishment as the agency worker and is engaged in the same or broadly similar work (taking into account whether or not they have a similar level of qualification or skills).
The hirer does not have to inform each agency worker directly of all vacancies in the organisation. It can satisfy the obligation by a general announcement in a suitable place at the hirer’s establishment (eg by putting up a notice in the staff area or on its intranet). As part of its induction process, the hirer should inform agency workers how they can access information about vacancies.
The obligation under the Regulations to inform agency workers about relevant vacancies applies only to hirers. A temporary work agency has no liability to inform an agency worker in respect of vacancies at the temporary work agency or at the hirer’s organisation.
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