There is no single piece of legislation outlining the legal requirements of the recruitment process. However, employers must comply with several legal requirements from advertising the job to making an offer to the successful candidate.
Job Adverts
The job advert must accurately describe the role and its requirements. If candidates are misled, they may be able to pursue a claim under the Misrepresentation Act 1967.
Equality and Non-Discrimination
The job advert and interviews must be free from discrimination, and employers must use inclusive language. Under the Equality Act 2010, employers must ensure their recruitment process does not discriminate against applicants based on:
- Age
- Disability
- Gender reassignment
- Marriage or civil partnership
- Pregnancy and maternity
- Race
- Religion or belief
- Sex
- Sexual orientation
Additionally, the selection criteria must be relevant to the job and not unfairly disadvantage any group.
Right-to-Work Checks
An important aspect of the recruitment process is ensuring applicants have the right to work in the UK before the job is offered. This involves asking for and checking the applicant’s documentation before they start work. The UK government has published a right-to-work checklist for employers, listing the types of documents that should be checked.
The Immigration, Asylum and Nationality Act 2006 states that failure to check the right to work can result in a civil penalty of up to £20,000 per illegal worker or criminal prosecution, which can lead to an unlimited fine and up to five years in prison.
Data Protection
The recruitment process must comply with the General Data Protection Regulation and the Data Protection Act 2018. This means recruiting employers must:
- Inform applicants how their data will be used.
- Only collect data necessary for the recruitment process.
- Store and process data securely.
- Not retain data for longer than necessary.
A data protection statement should be available to all applicants and referred to in job adverts.
Reasonable Adjustments for Disabilities
Under the Equality Act 2010, employers must make reasonable adjustments for candidates with disabilities to ensure they are not disadvantaged in the recruitment process. This includes providing accessible interview locations, extra time for assessments, or offering alternative ways of completing tasks.
Employment Contracts and Job Offers
Once a candidate is selected for the job, the Employment Rights Act 1996 requires the employer to provide a written statement of the terms and conditions of employment. This must provide information about salary, working hours, job role, as well as details of certain other terms and conditions. This includes but is not limited to information about holiday pay, benefits, notice requirements and any probationary periods that are applicable. The written statement must be given to the employee within two months of starting work.
Safeguarding
If the role involves working with vulnerable people, children, or the elderly, employers must carry out background checks on the candidates to ensure they are suitable for the role. The Safeguarding Vulnerable Groups Act 2006 (as amended by the Protection of Freedoms Act 2012) established the Disclosure and Barring Service and created a framework for barring individuals unsuitable to work with children and vulnerable adults. Several other statutes require background checks for individuals in different employment settings such as health and social care and education.
Conclusion
Unlike employment agencies, where there are regulations, recruitment in the UK is governed by a multitude of legislation covering equality, misrepresentation, employment, immigration, asylum and nationality, and data protection. A well-thought-out and structured recruitment process is essential to avoid violating any of this legislation.
How can Tozers help?
When new legislation is issued it is vital to keep on top of changes to ensure that you are adhering to the legislative changes or are putting plans in place in line with future deadlines. For support, get in touch with our employment team today.
