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taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6428
Experience:  15 years experience of advising on employment law matters
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Can I employ my sons in the family business without fear of

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Can I employ my sons in the family business without fear of reprisal or being sued? They have the skills required. Thanks.
Hello my name is***** am an employment lawyer and I am happy to help you today. What are you worried about in this regard?
Customer: replied 2 years ago.
We want to promote our 3 sons who are already employed in the family firm at a management level. They are well qualified for the work. Another employee has said that this may be unlawful and that we may be open to being sued unless the jobs were advertised first and normal procedure for interviews etc were followed. We are not keen to embark on this process but want to keep within the law. Thanks
There is no problem with hiring whoever you wish to do a job so long as it does not discriminate against another on the grounds of sex, race, age, religion or disability. Unless another employee can demonstrate such discrimination you are free to recruit who you wish without the need for a formal interview. If you have any further questions about this please do let me know. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 2 years ago.
UK law that is!
Yes it is the same in the UK as in Scotland in any event! So long as you are not discriminating there is not a problem for you!
Customer: replied 2 years ago.
Does that mean so long as we are not discriminating against another internal employee or someone who might seek employment from outside? If from outside, how do we know. Thanks
It's a bit of both, if you live in an area where, for example,a large number of ethnic minorities would apply if they had the opportunity then that may be perceived to amount to indirect discrimination. Internally if there was a woman or a person of a different ethnicity then they may have a complaint of direct discrimination.
Hi Grace, please do let me know if there is anything further you would like to know otherwise I would be really grateful if you would take the time to rate my answer as I am not otherwise credited for my time on this question. Thank you and all the best and I will be happy to answer your follow on questions.
Customer: replied 2 years ago.
No problems with ethnicity here. We are a small / medium sized company in a rural area with a small pool of suitably qualified available workforce. No obvious internal successors to my brother and I as company directors, just don't want to be bothered with the hassle of interviews etc if not required. Also concerned that asking sons to apply for promotion to senior management may be divisive and not required as the all agree to respective positions. Thanks
Customer: replied 2 years ago.
Anything else we should check out? Thanks
No there are no other areas that you need to be concerned about. In the circumstances you describe you can employ them without worry.
I would be grateful if you would now take the time to rate my answer so that I will be credited for my time. Thank you and all the best.
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