It is vital that all employers are aware of the current legislation when recruiting, selecting and employing staff and it is easy to feel overwhelmed by the amount that exists! Within this area you will find an overview of the main legislation along with some of the checks, which are essential for child protection, you should undertake once you have offered someone a job.

Right to Work
Employers are legally required under the Immigration and Asylum Act 1999 to ensure that candidates have the right to work within the UK once they have offered them the job. Example of documents which can be used to check individuals right to work include:

§         P45 or P60 from previous employer

§         National Insurance Card

§         British Passport

§         Birth Certificate

§         Evidence from the Home Office confirming someone’s right to live in UK and take employment

Criminal Record Bureau (CRB)
For people working with children additional checks are required. Under the Protection of Children Act 1999, employers in early years education and childcare settings have a duty to check that employees names do not appear on any government list which states they are unsuitable for work with children. The Criminal Records Bureau (CRB) acts as a ‘one-stop-shop’, checking police records and, in relevant cases, information held by the Department of Health (DH) and the Department for Children, Schools and Families (DCSF).  There are two levels of CRB checks currently available the Standard and Enhanced Disclosures.

1. A Standard Disclosure is available to anyone working with children and shows any current and spent convictions, cautions, reprimands and warnings held on the police national computer. It also involves searching the following lists:

§         Protection of Children Act (POCA) List

§         Information that is held under Section 142 of the Education Act 2002 (formerly known as List 99)

2. A Enhanced Disclosure is the highest level of check available to anyone involved in regularly caring for, training, supervising or being in sole charge of children. The Enhanced Disclosure carries out the same checks as a Standard Disclosure but includes checking the local police force.

Visit www.crb.gov.uk for further information relating to the CRB.

What to do if someone has a criminal record?
If you find someone has a criminal record it does not automatically mean they will be unsuitable for the job for example motoring offences need not be a bar unless the job involves driving children.  Employers will therefore need to consider:

§         The nature of the offence

§         How long ago it took place

§         Its relevance to the job

§         The risk to children if it was to be repeated

As a general rule a candidate should be regarded as unsuitable if they have any convictions for violence, offences against children and substance abuse.

Minimum Wage
The minimum wage is a legal right which covers almost all workers in the UK over the age of 16. There are different levels of National Minimum Wage (NMW), depending on the age of the worker, the current rates are as follows:

*People aged 22 and over will receive the full rate of £5.73 per hour
*People aged 18-21 will receive £4.77 per hour
*For those under the age of 18 will receive £3.53 per hour

 *There are different pay conditions for apprentices*

Holiday Entitlements
From October 2007 all workers have a statutory right to at least 4.8 weeks paid annual leave, this is equivalent to 24 days paid holiday if you work five days a week (24 days includes bank holidays). Part-time workers are entitled to the same level of holiday but pro rata. An employee can start building up holiday as soon as they start work and are entitled to be paid their normal salary when they take a leave.

Maternity Leave
Any working pregnant woman has the statutory right to 52 weeks basic maternity leave.

Parental Leave
If you are a parent of a child under the age of 5 or have a disabled child under the age of 18 you have a statutory right to take unpaid time off work to care for them. If you have worked for the same employer for a year or more you are entitled to take:

§         13 weeks off (in total not per year) for each child up until their 5 birthday.

§         18 weeks for each disabled child up until their 18 birthday.

Sex Discrimination Act 1975
Makes it unlawful for an employer to discriminate against an individual, either directly or indirectly, on the grounds of gender, marital status or gender reassignment (trans-sexualism).

Equal Pay Act 1970
Gives individuals the right to receive the same contractual pay and benefits as a person of the opposite sex in the same employment where the man and woman are performing like work, equivalent work or work of equal value.

Race Relations Act 1976
Makes it unlawful to discriminate, either directly or indirectly, against an individual on grounds of race, colour, nationality (including citizenship) or ethnic or national origin.