A checklist for legally sound recruitment

In association with

Joanne Holborn, employment partner with business lawyers Baines Wilson LLP sets out below her top tips for employing new staff.

Before advertising

• Ensure all staff involved in the recruitment process have had equal opportunities training.
• Compile a job description and person specification ensuring that any requirements can be objectively justified.

Advertising a vacancy

• Specify in the advert that you are an equal opportunities employer.
• Consider what format applications should be made in, ensuring that the application process does not disadvantage certain groups.
• Make sure you comply with the Data Protection Act 1988 and the General Data Protection Regulation when it comes into force on 25 May 2018 when processing applications.

Shortlisting

• Ideally more than one person should shortlist and they should agree selection criteria based on the job description and person specification.
• Shortlisted candidates should be invited to interview and asked if they require reasonable adjustments to complete the interview process under the Equality Act 2010.
• A list of questions should be prepared in advance of the interviews.

Interview

• All candidates should be asked the same questions.
• Do not ask questions about a candidate’s personal life.
• Keep a paper trail throughout the process ensuring that you comply with data protection principles.

Offer of employment

• Make a written offer of employment.
• Any offer should be conditional on: a. A candidate providing proof of permission to work in the UK b. Satisfactory references c. Other relevant requirements for the post e.g. proof of qualifications, medical examination, confirming they have no restrictions preventing them working for you, a DBS check.