Recruitment/key card - an overview of matters to consider in the recruitment process

Key Points

  • When an employer undertakes a recruitment exercise it must do so working within the legal framework:
    • Equality Act 2010 – not to treat applicants less favourably due to protected characteristics such as race, ethnic origin, religious beliefs, disabilities
    • Data Protection Act 1998 – it must manage sensitive data such as application forms and CVs in accordance with defined principles
    • Immigration, Asylum and Nationality Act 2006 – they must ensure that before staff  are taken on these individuals have a right to work in the UK
    • Rehabilitation of Offenders Act 1974 – that where relevant the necessary criminal record checks are undertaken and that employees with a spent conviction are not unfairly treated.
    • Prospective employers should also consider obtaining a reference from at least one past employer
    • Where appropriate it may be appropriate to undertake other checks – such as health check to ensure staff are fit to perform a role, credit checks if the role involves finance management (for example)
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