Before advertising

  • Make sure all staff involved in the recruitment process have had equal opportunities training.
  • Draw-up the following documents: 

    • a job description which sets out the title and main purpose of the job, the place of the job holder within the business and the main tasks or responsibilities of the post.
    • a person specification which details the experience, know-how and qualifications, skills and abilities necessary for the job in question.
  • Ensure that none of the requirements in either document discriminates against any groups of employees. In particular, consider whether any requirements for specific qualifications, working hours or times, travel, age ranges or dress are necessary for the job in question.
  • Consider whether the job needs to be full-time or whether it is open to part-time, home working, flexible working or job sharing.

The advert

  • Decide whether the job should be advertised internally, externally or both.
  • Consider using specialist publications, websites and agencies to target different communities, ages and sexes.
  • Think carefully when writing the advert. Protection from discrimination because of a protected characteristic (age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race religion or belief, sex or sexual orientation) covers all areas of employment, including job adverts.
  • Ensure any employees absent from work (including any employees on maternity, paternity or adoption leave) are informed of the vacancy to enable them to apply.

The application

  • Use a standard application form to enable individual applicants' answers to be directly compared against the selection criteria more easily and help avoid potential unlawful discrimination claims.
  • Draw up a shortlist using the same criteria used in the job description and person specification.
  • If a business is making redundancies, it must consider applications for suitable vacancies from employees selected for redundancy ahead of external applicants.

Pre-employment health questions

  • In most cases, a business is prohibited from asking potential recruits questions about their health.
  • However, there are some circumstances where a business is entitled to ask health-related questions. For example, asking an applicant for a job in a warehouse whether they have any health problems that may prevent them from lifting or handling heavy items.

The interview

  • Think when and where the interview should take place. For example:

    • check whether the interview venue has access for disabled candidates;
    • holding an interview during a religious holiday could discriminate against applicants from that particular religion; or
    • candidates with children may require the interview to be conducted at a particular time.
  • Ideally, all shortlisted candidates should be asked the same or similar questions to allow answers to be compared and to avoid the possibility of a discrimination claim.
  • Avoid asking questions about a candidate's personal life unless they are directly relevant to the requirements of the job.
  • Keep a paper trail throughout the process to demonstrate how the business reached its decision to select the successful candidate. This should include:

    • selection criteria;
    • notes on the short listing process;
    • interview questions;
    • notes of panellists' assessments of the interviewees.
  • It is good practice to provide feedback to unsuccessful candidates if it is requested.

The offer

  • Make a written offer to the successful candidate. Consider whether to set a time limit for acceptance and specify that acceptance should be in writing.
  • A business can make the offer conditional on a range of criteria, provided they are not discriminatory. For example:

    • providing satisfactory references; or
    • confirmation that the employee is free to work in the UK or has an appropriate work permit or immigration approval to work.
  • Before making a job offer, ensure the applicant confirms they are not bound by any restrictive covenants from their previous job.  Otherwise, the business could be sued by the applicant's former employer.

The contract

  • Consider whether the contract should be permanent or for a fixed term
  • Remember that an employee on a fixed-term or part-time contract should not be treated any less favourably than a permanent employee.

 Probationary periods

  • A probationary period can be included in the contract. This will enable the business to assess the employee and vice versa. It also gives it the flexibility to dismiss someone using a shorter notice period of at least one week.
  • Probationary periods typically last one to three months and up to six months.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.