Last Updated: 13 November, 2014
1.0 Recruitment and Selection Policy Statement
The [Insert Company Name] Recruitment and Selection Policy and Procedures have been designed to promote good practice in the process of attracting and selecting staff. The policy ensures all applicants are treated fairly and equitably in a non-discriminatory fashion, i.e. regardless of age, disability, ethnicity, gender (including transsexuals), religion/belief, sexual orientation or wider socio-economic circumstances.
It is important for the future success of [Insert Company Name] that high calibre staff are recruited and retained, and that the process to achieve this ensures consistency of action and quality of decision.
[Insert Company Name] aims to follow best practice and the highest standards of recruitment procedure through implementing this policy. Our organisation needs to recruit effectively while at the same time giving equal opportunity to individuals and supporting effective work-life balance. This policy is consistent with and supports [Insert Company Name]’s Equal Opportunities Policy and is in turn supported by our range of work-life balance policies including flexible working options.
2.0 Principles and Aims
[Insert Company Name] aims to:
- Employ people with the required competences to enable [Insert Company Name] to meet performance targets and business objectives;
- Ensure contemporary, consistent and efficient recruitment processes that are inclusive of all talent sources and comply with relevant employment legislation;
- Ensure equal opportunities for employment and promotion within our organisation are open to all with the appropriate qualifications, knowledge, skills or experience;
- Establish a recruitment process that will ensure that employees are chosen using relevant, objective criteria that are without discrimination or prejudice;
- Provide staff involved in recruitment with training in the application of this policy and the necessary legal requirements; and
- Implement reasonable adjustments, where appropriate, to empower and enable people with disabilities to attain and remain in employment.
This policy covers all employees and potential employees of [Insert Company Name]. It applies to recruitment within all roles. All managers with responsibility for all, or part of, recruitment administration are required to follow the terms of this policy.
To ensure good practice in recruitment and selection, and to comply with legal obligations, [Insert Company Name] requires line-managers to take responsibility for the recruitment and selection process within their venue, region, or area of responsibility. The Recruitment Manager and Head office will provide administrative support and professional advice and guidance throughout the process, where appropriate.
4.0 Legal Requirements and Other Related Policy
[Insert Company Name] has a legal responsibility to ensure that no unlawful discrimination occurs in the recruitment and selection process. In that regard we will adhere to all current and pending anti-discrimination legislation, as well as other related policy and codes of practice (Appendix A). This policy and supporting procedures aim to achieve a consistent approach in order to comply with employment legislation and recognised best practice.
4.1 Links to Other Policies
There are a number of existing company policies which impact on the recruitment and selection policy. These are:
- Code of Conduct for Employees (e.g. Instructor Guidelines).
- Competency Framework Guide.
- Employment of Disabled People.
- Equal Opportunities Policy.
- Redeployment and Redundancy Policy.
- Undertaking Higher Duties/Acting-up.
- The Disclosure of Criminal Record and Employment of Ex-Offenders (Appendix B).
- Secure Handling, Use, Storage and Retention of Disclosure Information (Appendix C).
4.2 Data Protection
The recruitment process inevitably involves the collection of personal information (and sensitive data), which is subject to the standards imposed under data protection legislation and codes of practice. [Insert Company Name] commits to protect and keep secure all personal data, to process it in accordance with the Regulations, and to allow subject access, as far as appropriate, when requested.
5.0 Monitoring and Recording of Recruitment Activity
There are systems in place to enable us to record relevant equality and diversity information on all candidates who apply, are shortlisted and then appointed. The information monitored will be age, disability, ethnicity, gender (including transsexuals), religion/belief and sexual orientation. Analysing this information will help [Insert Company Name] to meet statutory obligations and to ensure the composition of the workforce reflects the diversity in the local community.
6.0 Equal Opportunities
Objective criteria for selection must be used and managers must be able to demonstrate the reasoning for decisions. Staff must be appointed or promoted according to their abilities, skills, knowledge, qualifications, training and experience.
The recruitment process must be discrimination-proof to ensure equal opportunities for every applicant. All recruiting staff are therefore to be trained in the necessary legal and procedural requirements.
Under the Job Interview Guarantee Scheme, [Insert Company Name] will provide all applicants with a disability who meet the essential criteria for the post a guaranteed job interview.
7.0 Roles and Responsibilities
7.1 Managing Director
The Managing Director has overall responsibility for ensuring that the Recruitment and Selection Policy is implemented properly and fairly.
7.2 Responsible Officer
The Managing Director at his/her discretion may delegate responsibility for the Recruitment and Selection Policy and Procedures to a responsible officer, i.e. the Recruitment Manager or another suitably qualified manager.
7.3 Recruitment Manager
The Recruitment Manager is responsible for ensuring that appropriate policies and procedures are developed for the effective recruitment and selection of staff, and reviewed as necessary. This ensures that:
- Training is provided for staff involved in recruitment and selection, via local and national initiatives;
- Appropriate support and advice is available, through the Head Office, to line-managers requiring assistance in recruitment; and
- Records’ are kept as required on recruitment processes and investigates, and takes seriously, any complaint made regarding the procedures.
Line-Managers have responsibility for recruitment and selection decisions within their department or area of responsibility, and for ensuring that all colleagues comply with this policy and the supporting procedures.
7.5 All Members of Staff
Any member of staff may request assistance from the appropriate Line-Manager at any stage of the recruitment process.
8.0 Monitoring and Review
This policy, and supporting procedures, will be monitored and reviewed on an annual basis, or as required by legislative changes, by the Recruitment Manager and authorised by the Responsible Officer.
9.0 General Recruitment and Selection Procedure
The recruitment process involves many steps from a vacancy being identified to being filled. To ensure the best match of applicant to post, each step in the process as stated in the relevant [Insert Company Name] Recruitment & Selection Guidance Pack must be carefully followed. These steps can be summarised as:
- Vacancy identification and analysis
- Preparation of Job Descriptions and Person Specifications
- Agency staff
- Advertising of posts
- Administration of applications and withdrawal of a vacancy
- Short-listing of candidates
- Arrangements for interviews
- Pre-employment checks, to include:
- Qualifications/professional registration checks
- Disclosure Scotland, Criminal Records Bureau and/or criminal record status for overseas candidates
- Immigration and eligibility to work in the UK, if applicable
- Interview process
- Offer and contract of employment (including induction and probationary period)
- Regrets letters
- Pay arrangements
Line-managers are responsible for ensuring that any specific recruitment requirements are identified and the Recruitment Manager notified. Additional steps in the recruitment process may be necessary in such circumstances.
LEGAL REQUIREMENTS AND OTHER RELATED POLICIES
The main Acts and Regulations relating to the management of recruitment are listed below:
- Equal Pay Act 1970 and subsequent amendments
- Health and Safety at Work etc. Act 1974
- Rehabilitation of Offenders Act 1974 and Police Act 1997
- Protection of Children (Scotland) Act 2003
- Sex Discrimination Act 1975 and Amendment Regulations 2003
- Race Relations Act 1976 and Race Relations (Amendment) Act 2003
- Trade Union and Labour Relations (Consolidation) Act 1992
- Trade Union Reform and Employment Rights Act 1993
- Disability Discrimination Acts 1995 and 2005
- Immigration, Asylum and Nationality Acts 1996 and 2006
- Employment Rights Act 1996
- Working Time Regulations 1998 and Amendment Regulations 2006
- Data Protection Act 1998
- Freedom of Information Act 2002
- Human Rights Act 1998
- Employment Relations Acts 1999 and 2004
- Sex Discrimination (Gender Reassignment) Regulations 1999
- Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000
- Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002
- Employment Equality (Religion or Belief) Regulations 2003
- Employment Acts 1989 and 2002
- National Minimum Wage Act 1998 and Amendment Regulations 2006
- Equal Treatment Amendment Directive 2003
- Employment Equality (Sexual Orientation) Regulations 2003
- Gender Recognition Act 2004
- Civil Partnership Act 2005
- Employment Equality (Sex Discrimination) Regulations 2005
- Employment Equality (Age) Regulations 2006
- Equality Act 2006 & 2010
Other related policies, legislation and codes of practice are listed below:
- Disclosure Scotland Code of Practice, 2007 edition
- Interagency Guidelines for Child and Adult Protection
- Adults with Incapacity (Scotland) Act 2000
- Adult Support and Protection (Scotland) Act 2007
- Protection of Vulnerable Groups (Scotland) Act 2007
THE DISCLOSURE OF CRIMINAL RECORD AND
EMPLOYMENT OF EX-OFFENDERS
[Insert Company Name] undertakes to treat all applicants for positions fairly and not to discriminate unfairly against the subject of a Disclosure on the basis of conviction or other information revealed.
This policy should be read in conjunction with the [Insert Company Name] Recruitment and Selection Policy and can be made available to all Disclosure applicants at the outset of the recruitment process.
A Standard or Enhanced Disclosure will be requested only where this is considered proportionate and relevant to the particular position. This will be based on a thorough risk assessment of that position. Where a Disclosure is deemed necessary for a post or position, recruitment documentation will contain a statement that a Disclosure will be requested in the event of the individual being offered the position.
Any role within [Insert Company Name] that involves contact with children and/or vulnerable clients will require disclosure of all convictions (see PVG Scheme below).
The Rehabilitation of Offenders Act 1974, under certain circumstances, enables individuals with criminal record to ‘wipe the slate clean’ if s/he remains free of further convictions for a specified period. His/her convictions become spent and the individual is then legally entitled not to disclose such convictions.
The entitlement not to disclose spent convictions does not apply to certain occupations. The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003 details employment groups to be considered in this category. Applicants for such posts are not protected by the Rehabilitation of Offenders Act 1974. For the purposes of the Exemptions Order applicants to such posts must when asked provide details of all convictions whether ‘spent’ or not. [Insert Company Name] will obtain a Disclosure certificate for any applicant offered a post considered exempt. Such an offer will be conditional on consideration of any criminal record.
Where a Disclosure is to form part of the recruitment process, [Insert Company Name] will require all applicants attending interviews to provide details of their criminal record and for this to be submitted to the Head Office. This information will only be seen if following interview, the applicant is still being considered for the post and only by those who need to see it as part of the recruitment process.
At interview, or under separate discussion, an open and measured discussion on the subject of any offences or other matters that might be considered relevant for the position concerned will be undertaken. Failure to reveal information that is directly relevant to the position sought could lead to withdrawal of an offer of employment.
Any matter revealed in a Disclosure will be discussed with the subject of that Disclosure before withdrawing a conditional offer of employment. Advice must also be sought from the Recruitment Manager.
Disclosure information should be sought for the preferred applicant for an exempt post. This applies to applicants whether or not [Insert Company Name] already employs them. In that regard a previous Disclosure check result may be used if this has been obtained within a six month period.
Having a criminal record will not necessarily debar an applicant from working with [Insert Company Name]. This will depend on the nature of the position, together with the circumstances and background of the offence(s).
The PVG Scheme
The PVG Scheme was established by the Protection of Vulnerable Groups (Scotland) Act 2007 (“the PVG Act”). The PVG Scheme ends the use of disclosure checks under the Police Act 1997 for work with children and adults at risk. They are replaced by new types of disclosure records under the PVG Act.
The PVG Scheme ensures that those who either have regular contact with vulnerable groups through the workplace, or who are otherwise in regulated work do not have a history of inappropriate behaviour. It excludes people who are known to be unsuitable, on the basis of past behaviour, from working with children and/or protected adults and detects those who become unsuitable while in the workplace.
Disclosure Scotland keeps a list of individuals who are considered to be unsuitable to work with children (“the children’s list”) and those who are barred from working with protected adults (“the adults’ list”). Vulnerable groups are defined as:
- Children: an individual aged under 18 years of age; and
- Protected adults: an individual aged 16 or over in receipt of one or more of: registered care services; health services; community care services; welfare services.
The PVG Scheme is intended to: help to ensure that those who have regular contact with children and protected adults, through paid and unpaid work, do not have a known history of harmful behaviour; be quick and easy to use, reducing the need for PVG Scheme members to complete a detailed application form every time a disclosure check is required; strike a balance between proportionate protection and robust regulation and make it easier for employers to determine who should be checked to protect their client group; and scheme membership is portable for the individual and membership is essentially for life. Records remain ‘live’ and any new or related information can be flagged up to employers for consideration at any time. This is a significant enhancement on the current scheme which is static.
SECURE HANDLING, USE, STORAGE AND RETENTION OF DISCLOSURE INFORMATION
[Insert Company Name] complies fully with the Data Protection Act 1998 and other relevant legislation pertaining to the safe handling, use, storage, retention and disposal of Disclosure information and has a written policy on these matters. This policy is available to anyone who wishes to see it on request.
Disclosure information is used only for the purpose for which it has been provided. The information provided by an individual for a position within [Insert Company Name] is not used or disclosed in a manner incompatible with the purpose. Personal data is only processed with the express consent of the individual. The individual is notified of any non-obvious use of the data, including further disclosure to a third party, identifying the Data Controller, the purpose for the processing, and any further relevant information.
[Insert Company Name] recognises that, under section 124 of the Police Act 1997, it is a criminal offence to disclose Disclosure information to any unauthorised person. Disclosure information is therefore only passed to those who are authorised to see it in the course of their duties. [Insert Company Name] will not disclose information provided under section 115(8) of the Act, namely information that is not included in the Disclosure, to the applicant.
Access and Storage
Disclosure information is not kept in an individual’s personnel file. It is kept securely, in lockable, non-portable storage containers. Access to storage units is restricted to authorised and named individuals, who are entitled to see such information in the course of their duties.
Disclosures or Disclosure information are not kept for any longer than is required after a recruitment (or any other relevant) decision has been taken. In general, this is no longer than six months. This is to allow for the resolution of any disputes or complaints. Disclosure information will only be retained for longer than this period in exceptional circumstance, and in consultation with Disclosure Scotland or the Criminal Record Bureau (CRB).
Once the retention period has elapsed, Disclosure information is immediately destroyed in a secure manner, i.e. by shredding, pulping or burning. [Insert Company Name] will not keep Disclosure information which is awaiting destruction in any insecure receptacle, e.g. a waste bin or confidential waste sack. Images or photocopies or any other form of Disclosure information will not be retained. However, a record of the date of issue of the Disclosure will be kept along with the name of the person, the Disclosure type, the position for which the Disclosure was requested, the unique reference number of the Disclosure and details of the recruitment decision taken.