Recruitment
A basic recruitment policy is contained in the standard PBS Handbook. Procedures for selection, testing and interviewing need to be drawn up.
There must be an awareness of:
1. The Asylum and Immigration Act 1996 (as amended)
2. Immigration, Asylum & Nationality Act 2006
3. The Rehabilitation of Offenders Act 1974
4. The Criminal Records Bureau
5. The Legislation relating to employment of children and young persons
6. The Relevant Trade Union Law
7. The Legislation relating to Equal Opportunities and non-discrimination
8. The Part-time Employees Regulations
10. The Data Protection Act 1998. (see below)
11. Fixed-term employees (prevention of less favourable treatment.) Regulations 2002.
12. Tupe Regulations 2006 (In special circumstances)
13. Agency Workers
14. Flexible Working Regulations
Issues to be considered include:
1. Job description
2. Permanent or temporary position (standard contract or possibly fixed term contract)
3. Part-timers
4. Sources of candidates
5. Methods of Advertising
6. Method of Application
7. Interview Techniques
8. Terms and conditions of employment
9. References
A job description should be prepared. This can be brought to the attention of all applicants at or before any interview to reduce the risk of any misunderstanding about the job. The job description can later be signed by the successful applicant at the same time as signing the contract of employment.
Most employers prepare their own job descriptions to correspond with what they have in mind for their particular requirements but it is important to point out that the duties included are not exhaustive and others may be introduced as the reasonable needs of the business and capabilities of the employee may require. For managers and assistant managers, at least, we do suggest including the following in the main duties:
“To acquire and maintain a good knowledge of:
1. the products normally sold within the dept.
2. the compliance legislation relative to those products and
3. the Company’s policies, procedures and rules contained in the Staff Handbook or otherwise brought to his/her attention with particular reference to Health & Safety, Non-Discrimination, Sales, Recruitment, Training and Security.”
Decide whether it is to be a permanent or temporary position and then prepare a draft contract in readiness. This can be the basis on which any job offer is made. If the position is a temporary one to cover for someone on maternity leave then the new employee must be advised in writing, before their employment begins, that they are being hired for the specific purpose and that their contract will be terminated once the employee on maternity leave returns to work (Sect. 106 Employment Rights Act 1996)
If you require the successful candidate to work on Sundays then click on to Sunday working. Similarly if you require long hours then click on to 48 hour week
Because of the regulations relating to Part-time workers (see above) some employers might feel that it is better to insist upon a full-time worker from the start rather than engage a part-timer. However, there is a potential pitfall if a woman with childcare responsibilities is offered a full-time vacancy but then asks for a part-time position. If the employer cannot give a good and valid business reason for refusing her request there could follow a claim for sex discrimination. In such circumstances it is most important to show that the position could only be filled by a full-time worker rather than two part-timers.
On the other hand if only men were employed in full-time positions to try to avoid a potential problem then this itself of course would be sex discrimination.
The sources from which candidates might be obtained should be considered. Is there the possibility of promoting existing staff or will it be necessary to advertise.
If the latter then consider the methods of advertising. These can be wide and varied depending upon the particular vacancy involved. You may decide on trade publications, local papers, job centres etc.
Consider the text of your advertisement very carefully. It is essential that you do not breach legislation relating to Trade Unions (see above) and Equal Opportunities and Non-Discrimination (see above but note where particular race or sex is a “genuine occupational qualification”). Set out brief details of the main duties in the job description and the qualifications, technical expertise and/or specific work experience required of candidates. Only give approximate details of salary and benefits and preferably make clear that only terms and conditions stated in a signed contract of employment will be binding.
It is important that you have a consistent and universal method of application. The PBS. standard recruitment policy provides that all candidates, including existing employees, will be required to complete a standard application form. Contact the Helpline if you want a draft form but in any event do not ask questions which could imply an intention to deny equal opportunities or to be discriminatory (see above).
You should now consider interview techniques and how you will conduct the interview. It is important that you keep detailed notes of each interview.
As throughout the whole recruiting process you must take care that you do not breach the Equal Opportunities/Non Discrimination legislation (see above). For example, if an applicant could prove that you had refused her the job simply because she was pregnant or planned a family in the near future then your decision would automatically be unfair and she could claim unlimited compensation. The Law regards such matters as irrelevant to the applicant’s ability to do the job and they must be ignored in your decision making.
You could ask about child care arrangements for young children but this question must be asked of both female and male applicants if it is not to be discriminatory. Unless it is particularly important it is better to ask only directly relevant questions relating to ability, experience, potential and other requirements or conditions necessary to the performance of the job.
Remember that in most cases there is no obligation on a job candidate to volunteer information about him/herself. The onus is on the employer to ask the right questions. Carefully check the answers given to questions in the Job Application Form. Do you need more detail or documentary evidence in support of any answers.
It is important that no promises, either of employment or particular terms and conditions, can be implied from statements made when interviewing applicants. No offer of employment should be made without making it subject to satisfactory references and the successful applicant signing the employer’s contract of employment. Always confirm the position in writing and where the job involves a position of trust do not hesitate to point out the Company's position on theft by staff.
As suggested above, a draft contract should be prepared before any interview and when a job is offered the terms and conditions should be those contained in the draft contract together with the Staff Handbook. A copy of each should be provided to the successful candidate and be signed by him or her before commencing employment. If this is done before satisfactory references have been received then it should be made clear (in writing) that the employment offer is still dependent on those satisfactory references and that the signed contract is simply held until the necessary references have been approved by the employer (whose decision, of course, is final).
Once you have ear marked the candidate for the job you should then take up references (with his or her permission, of course), particularly where the job involves a position of trust.
The importance of taking up references can not be over emphasised. Some employers take the view that references are almost certain to be favourable to the Applicant otherwise he or she would not put the names of the referees forward in the first place. However, a reference from, for example, the last employer can be enlightening from what it does not say as must as from what it does disclose. Also, it is important to provide a questionnaire with any request for a reference because you can then ask questions pertinent to the particular job and applicant. (Ask P.B.S. for a draft precedent if required.)
References are normally given in “strictest confidence” and may also have a disclaimer of liability in any claim for negligence. However they must not contain statements that are false or intentionally misleading and consequently they can provide important background information for the employer.
There is no legal obligation on anyone to give a reference and consequently if one is not received a decision has to be made as to whether the job applicant is immediately discounted or given an opportunity to provide another referee.
If references are not satisfactory then simply say that they did not satisfy when rejecting the job candidate. Details of the references should not be disclosed.
Detailed guidance on confidentiality when giving and receiving references may be found in the Employment Records section of the "Employment Practices - Data Protection Code" available on the Information Commissioner's Office website at www.ico.gov.uk
It is most important to remember that the Data Protection Act now protects both computer data and that held in manual files, including notes taken at interviews and references received from previous employers. All employees have a statutory right to see and correct data about them and they can complain to the Information Commissioner if their rights are denied. Compensation can be awarded.
All interviewers must ensure that their notes are factual and in no way discriminatory. Employers should obtain a copy of the relevant code of practice from the Information Commissioner and introduce appropriate policies and procedures.
All PBS information sheets are designed to provide the detail you need to implement best business and employment practices. They are not a detailed commentary on the current law and where advice is needed in a specific case you should contact PBS for expert consultation.
recruitment