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This article sets out a series of steps which employers should take before hiring a new member of staff. It is not intended to be a full list of all aspects of the recruitment process and employers should give consideration to the particular role in question in the context of their organisation.
1. Before advertising you should draw up a detailed written job description (JD) and person specification. This will assist you in demonstrating that you have objectively assessed the skills and experience which you require for the role. The Equal Opportunities Commission Code of Practice (still in use now under the umbrella of the ECHR) recommends the establishment and use of consistent criteria for selection to avoid subjectivity and, consequently, the possibility of unlawful discrimination.
2. You should consider whether the job needs to be performed on a full time basis. If you believe this is a requirement you must ensure you are able to objectively justify that decision.
3. Once the JD has been decided you should advertise the post and in doing so you should consider whether or not the post should be advertised internally or externally (best practice suggests posts should be advertised externally) and by which medium the post should be advertised, i.e. you should consider the means by which you might reach the broadest spectrum of potential applicants. A number of cases have arisen in respect of the content of advertisements and you should ensure that you do not use language which appears to favour some candidates over other, e.g. “mature”, “young and dynamic”, “5 years experience” should be avoided.
4. It is good practice to use application forms rather than to ask for the submission of a CV. This means that each candidate has an equal opportunity to answer the same questions. You should consider any requests for adjustments to the application form (e.g. for it to be produced in Braille) so that candidates with a disability are not at a disadvantage.
5. Once you have carried out a selection process and compiled an initial shortlist (using objective selection criteria based on the JD and person spec) then interviews should be arranged. In making arrangements for the interview you should ensure that you have made any reasonable adjustments necessary to allow any disabled applicant to attend the interview.
6. If possible you should have an interview panel but in many smaller organisations it may be the case that only one person can carry out the interview. Interview questions should be decided in advance and should refer back to the requirements of the job. Applicants should not be asked questions about their private life or personal circumstances.
7. Once you have selected a candidate based on scoring at the interview you may wish to carry out some pre-employment checks. Any offer made (whether in writing or verbally) should always be made subject to the satisfactory completion of these pre-employment checks.
8. Usually you will wish to take a reference from a previous employer. Problems can arise where a reference is provided but it is not satisfactory. In these circumstances as long as you have made your offer of employment conditional on the receipt of a satisfactory reference then you may withdraw the offer. It is likely that the candidate will ask you for a copy of their reference. As the recipient of the reference it is likely that you will have to provide a copy (in accordance with the Data Protection Act 1998) unless there are exceptional circumstances which mean you do not wish to disclose the reference. If you are unsure, you should consider the guidance on the Information Commissioner’s website (www.ico.gov.uk) or call the Information Commissioner’s helpline.
9. An employer is liable to a civil penalty if it negligently employs someone who does not have permission to work in the UK. You should therefore have a policy of checking the appropriate immigration documents of all new members of staff prior to them commencing work.
10. Once an employee has commenced employment they are entitled to a contract setting out the minimum written particulars of their employment within 2 months of their start date. For guidance on the contract of employment (and what constitutes a minimum requirement) employers should refer to the Department for Business, Innovation and Skills website (www.bis.gov.uk).
Sarah Bull is a solicitor at Bates Wells & Braithwaite. www.bateswells.co.uk