How HR Outsourcing Can Help to Avoid Discrimination Claims

Article Written By: Kathryn Dawson

There is always a risk when a company hires new personnel. Not only could they fail to live up to the promise that their curriculum vitae and interview performance seemed to suggest, but they might also prove to have poor working relationships with their colleagues and, in particular, management itself. There is a skill in identifying the right person for the job, and thanks to hr outsourcing, even medium sized companies can now benefit from those skills through the experts that are hired.

Often, companies hiring on their own steam are overly cautious about who to employ, opting for the familiar rather than taking a risk on what is different. Sometimes, it can actually mean that the best person for the job is overlooked, someone that experienced hr consultants would be better able to identify. The worry is that overlooking the best candidate can lead to claims of discrimination, if an unsuccessful candidate believes their failure was unjustified. Understandably, many companies are taking advantage of consultancies that are offering employment law advice for employers.

Employment law covers a vast area, and often what might seem clear cut can actually be far more complicated. Just one section of it deals with the area of discrimination, but it too has many facets. This is where the knowledge of those immersed in the sector is of such benefit and in an effort to avoid the numerous pitfalls, consultancy services are being used.

When it comes to discrimination, the old adage that prevention is better than cure is perfectly apt. There are a number of grounds on which discrimination can be claimed by an individual. These include religion, age, gender, disability, and race. For all of them, discrimination can exist in subtle ways which an employer may not even be aware of.

For example, a decision not to promote a member of staff, despite his experience, because he is over 50 years of age, and instead promote someone who is 35, could be considered age discrimination. Alternatively, a decision not to hire an individual who is in a wheelchair because there are no wheelchair facilities at the office building entrance can be seen as discrimination as an inability to do the specific job competently is not the reason behind the decision.

However, if the correct policies and practices are in place, claims of discrimination can be more effectively argued against, and even avoided completely. Policies relating to recruitment, pay scales, promotion, and discipline are particularly necessary, but those affecting eligibility for training schemes and measures against harassment in the workplace are also very important.

Of course, all policies need to be thorough and carefully worked out. By using consultancy services, this can be assured as the specific legal viewpoints can be applied as policies are formed. However, in general, simple principles can ensure that measures are heading in the right direction, while specific actions can show an intention of a company not to be discriminatory in practice.

The most basic of these actions is the consistent application of fairness in situations, particularly in the area of discipline. If one employee should be dismissed for something that another was simply suspended for, then it would be seen to be unfair. However, by having a previously agreed punishment applicable to all employees for a particular breach of conducted, the gender, race or creed of the employee in question cannot be considered a factor.

Another piece of advice that consultants will offer is the need to maintain records, not just of specific events but of performance levels of each employee. The reason for this is that where an employee is dismissed because of a failure to reach sales targets, for example, the records exist to prove that that was the reason.

It is always possible that genuine actions can be punished on the grounds of discrimination when in fact no such discrimination was intended. That potential banana skin, coupled with the high costs of tribunal cases and compensation, makes employment law advice for employers a highly valuable commodity.

By turning to hr consultants who know employment law, it is possible to drastically reduce the chances of facing claims of discrimination. And, with the unbiased evaluation that comes with hr outsourcing, the recommended measures can be expected to be uncompromisingly thorough.

About the Author

Kathryn Dawson - PosiSure, one of the leading hr outsourcing companies in the UK. PosiSure is a team of hr consultants who can manage and represent your company to deal with all aspects of concerns.

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