RECRUITMENT AND SELECTION

Scope

  • Policy Statement
  • The Policy
  • Job Posting
  • Job Advertisement
  • Job Description
  • Person Specification
  • Creating and Updating Job Descriptions and Person Specifications
  • Personnel Selection
  • Equal Opportunities Policy
  • Checks and References
  • Reference Requests
  • Administrative and Support Staff
  • Employment of Staff from Overseas
  • Procedures where DBS Checks are not Available at Time of Starting
  • Job Interviews
  • Value-Based Recruitment
  • Code of Conduct
  • Offers of Employment
  • Related Policies
  • Related Guidance
  • Training Statement
  • Addendum – Employment of overseas workers

 

Policy Statement

This organisation’s recruitment and selection procedure aims to ensure that the most suitable candidate is chosen for the job and that all applicants receive fair and equitable treatment both during the recruitment and selection processes. These processes will adhere to relevant employment law practice, guidance issued by the Care Quality Commission (CQC) and the Department of Health and Social Care (DoH). We are also mindful of the changes within the Equality Act 2010 and the guidance issued by Government Equalities Office concerning health questionnaires and health questions allowed during the interview process. Safe recruitment and selection are acknowledged as our first line of defence in safeguarding our service users.

 

The Policy

This policy is intended to set out the values, principles and policies underpinning this organisation’s approach to recruitment and selection of its staff. All staff involved in the recruitment process must adhere to this policy. Failure to do so could result in disciplinary action.

It is important to recognise that the recruitment and selection of staff are directly linked to the safeguarding of the people using services. It is essential that the process allows the right people to be recruited and that it filters out those who are unsuitable to work within a regulated activity. It is therefore important that the following principles are adhered to:

  • All legal and regulatory requirements regarding CQC Regulation 19 are met.
  • All potential applicants are aware of the employer’s obligations to the welfare and safeguarding of service users.
  • The organisation is satisfied that each applicant has demonstrated their suitability for the post.
  • Every stage of the recruitment and selection process is completed to the highest standard and in particular relation to references, that these are checked, validated and where necessary added to with a supporting third reference.
  • The organisation is satisfied with the applicant’s identity, qualifications and where necessary, revalidation processes are checked.

The above principles should be in place and anyone involved in the recruitment and selection process must be fully aware of these principles

 

Job Posting

The organisation provides employees with an opportunity to indicate their interest in open positions and to advance within the company according to their skills and experience. Generally, notices of all regular, full and part-time job openings are posted, though the company reserves the right to not post a particular opening, for succession planning purposes.

To be eligible to apply for a posted job, an employee must be performing competently in their present position and have held it long enough to make a significant contribution.

The organisation encourages employees to talk with their supervisors about their career plans and supervisors are encouraged to support employees’ efforts to gain experience and advance within the organisation.

An applicant’s supervisor may be contacted to account for an employee’s performance, skills, and other factors relevant to any application they might make. Any staffing limitations or other circumstances that might affect a prospective transfer may also be discussed.

 

Job Advertisement

Alongside the internal posting of any vacancies, jobs can be advertised in local newspapers, job centres and other media means such as our website www.eunistarhealthconsultants.co.uk. This is to ensure that the organisation benefits from as wide a pool of prospective employees as possible.

 

Job Description

In this organisation a job description is understood to be a written document detailing the main duties and responsibilities of a post, describing a role and what is required to do the job. They should always be written with the job in mind and should not be written to describe any existing individual member of staff or how they do their job.

Accurate job descriptions act as:

  • A tool in recruitment to assist in the writing of job advertisements helping to ensure the organisation employs the right candidates.
  • A tool in selection to help make decisions about who to employ.
  • A basis of employment contracts, making it clear what is required of a member of staff.
  • Part of the organisation’s defence in cases of discrimination or unfair dismissal.
  • A means by which the organisation’s expectations, priorities and values are communicated to new members of staff.

 

Person Specification

 In this organisation, a person specification is understood to be a written document that states the knowledge, skills and experience that a post holder would be expected to have to competently undertake the duties and responsibilities outlined in the job description. It is used for recruitment purposes.

 

Creating and Updating Job Descriptions and Person Specifications

A job description should exist for every role within the organisation and a new job description should be constructed for every new role developed within the organisation. An existing job description should be reviewed whenever a post becomes vacant, or after an appraisal.

Job descriptions should always be clear and concise and contain the following sections:

  • Job title.
  • Hours of work.
  • Disclosure and Barring Service (DBS) clearance level required.
  • Organisational arrangements (i.e. the job title of the person the employee would be accountable to managerially, etc).
  • Job purpose (i.e. a summary of the overall purpose of the job).
  • Main duties and responsibilities. This section should include a list of the main activities or tasks carried out by the jobholder, phrased wherever possible in terms of what the job holder is expected to achieve. Words such as plans, prepares, produces, implements, provides, completes, maintains, liaises with, and collaborates, should be used to put tasks into context and any deadlines to work to should be included. Where a job task is performed under supervision, this should be clearly stated.
  • Any special requirements.

Person specifications should detail the qualifications, knowledge and experience that are required to fit the post. These should be listed as either ‘essential’ to carry out the role in the case of qualities that must be attained for new candidates, or as ‘desirable’ in the case of qualities that can be used in recruitment situations where there are two equally suitable candidates. It is important to be accurate when identifying the specifications which are ‘essential’.

Person specifications should contain the following sections:

  • Education, training and qualifications, identifying what is required for the duties and responsibilities of the post.
  • Skills and abilities (this area should list items such as standard or advanced keyboard skills, manipulation of fine tools, etc.).
  • This should detail exactly what experience is required and how the experience may be gained, e.g. three years’ experience in domiciliary care organisations.

 

Personnel Selection

All applicants are sent an application pack that contains the following: the applicant’s guide, application form, person specification, and availability sheet. Only applications made using the proper form and received by the advertised deadline are considered. CVs are accepted as part of the application to ensure the right candidate who met the criteria are selected for interview.

Applicants are shortlisted by comparing their application form with the person specification for the job. All shortlisted candidates are offered an interview and given details of the company, the position for which they have applied, and the terms and conditions of employment. Where possible, we strive to have a gender-balanced panel.

 

Equal Opportunities Policy

The organisation practices an equal opportunities policy and wishes to recruit and employ those people who are best suited for the vacancies for which they have applied, regardless of sex, sexual orientation, religion and belief, race, disability, maternity and pregnancy, age, Gender Reassignment, marriage and civil partnership. To monitor the equal opportunities’ policy all applications (and their ultimate selection or rejection) are thoroughly reviewed.

We require all employees and applicants to complete an equality monitoring form. This organisation complies fully with the Equality Act 2010 including the guidance issued by the Government Equalities Office (https://www.gov.uk/government/organisations/government-equalities-office), giving specific exclusions regarding pre-employment health questions.

 

Checks and References

These are undertaken by the company and fulfil the requirements of Schedule 3 of the Health and Social Care Act 2008 (Regulation 2014). This includes the following:

  • A minimum of two references, one of which must be from their current or last previous employer. Where a reference does not give sufficient information as requested, we will seek a third referee.
  • Where verbal references are sought, these will be recorded and held on file until receipt of written references; any discrepancies will be investigated and recorded.
  • Documentary evidence of relevant qualifications, full employment history and satisfactory information about their ability to work within a regulated activity.
  • A right-to-work check.
  • A DBS at an enhanced level, which must include all original identification documentation as set out on the form.
  • Any immigration documentation, if appropriate, where a work permit is in place.
  • Verification of reason for leaving previous employment.
  • Identity documents verified.
  • Photograph of the employee.

Note: Applicant with a DBS, who are part of the update service can be checked immediately on the DBS website by the manager.

 

Reference Requests

When staff leave, references are often requested from prospective employers. Where a reference request is received, the following process is in place.

Where a reference is from a company registered with CQC, implied consent is given as the new employer, to meet the requirements of CQC Regulation 19 (Fit and Proper Persons Employed). will, as part of their recruitment procedures, request a minimum of two references.

The reference will be factual, written by the the manager or a senior colleague higher than the applicant who will have access to the personnel file. In the interests of open and transparent relationships, the individual to whom the reference relates will be able to view the reference, placed on file. It is important to stress that the subject access request procedure under the Data Protection Act 2018 allows staff access to their file so that even if the reference is given in confidence, it can still be accessed.

Reference contents should be kept to a minimum, and for a current or past employee should be true, fair, accurate and not misleading. Personal opinions should be avoided; if the content is challenged at a later date.

As a minimum, they should include:

  • Start and end employment dates.
  • Job title.
  • A summary of duties and responsibilities.
  • If applicable, their reason for leaving.

Where the individual has been dismissed, this can be included only where relevant or where it is requested as part of the reference. You should take care to ensure that the reference is not misleading about why the employment ended

Only named managers will provide references. Should a manager have a request for a personal reference, this should not be provided on company notepaper.

Where a reference is requested from a company or business which is not regulated by the CQC consent for such a reference should be checked with the individual, before the reference is completed.

Discrimination is a factor for consideration where a request for a reference is refused, or, where a negative reference is given that cannot be justified by the referee. Where the person has a protected characteristic, as defined by the Equality Act 2010, care must be exercised when including any negative information, especially concerning protected characteristics.

 

Administrative and Support Staff

Administrative and other staff who are not in regular direct contact with service users are expected to have a DBS standard disclosure. The DBS is continually updating the list of those who are and are not eligible for a DBS on their website.

 

Employment of Staff from Overseas

Since leaving the EU all overseas nationals including EU citizens are subject to work permit and visa rules. Free movement of people within EU countries has now ceased except for those whose occupations are listed in the shortage occupation list compiled by the government. (See Addendum).

This organisation also understands that employing foreign nationals who are not permitted to work in the UK is a criminal offence under the Asylum and Immigration Act 1996 and can lead to a fine of up to £20,000 per person illegally employed.

This organisation is committed to equality of opportunity in its recruitment, selection and employment practices. To prevent discrimination the organisation treats all applicants in the same way and verifies the eligibility of all new staff to work in the UK following its recruitment policy.

To comply with the Asylum and Immigration Act 1996 and the Employers Guides to Preventing Illegal Working, October 2013, issue by the Home Office.

  • Never discriminate against any candidate.
  • Treat all job applicants in the same way and during the recruitment process check documents that prove the individual’s entitlement to live and work in the UK, such as (but not limited to):
    • A current passport from the country of citizenship, with a valid visa if the passport is not from one of the exempt countries.
    • A certificate of registration or naturalisation as a British citizen.
    • A birth certificate issued in the UK, the Republic of Ireland, the Channel Islands or the Isle of Man.
    • A document issued by a previous employer, the Inland Revenue, the Contributions Company, the Employment Service or the Benefits Company, which states the National Insurance number of the person named.
    • A valid work permit.
  • Accept only original copies of these documents, as photocopies may be tampered with.
  • Keep copies of all right-to-work documents with other recruitment files.

The organisation can obtain up-to-date guidance and application forms from the Immigration & Nationality Directorate of the Home Office or its website https://www.gov.uk/government/organisations/uk-visas-and-immigration

 

Procedures Where DBS Checks Are Not Available at Time of Starting

In cases where it is proving impossible for newly appointed care staff from the home country or overseas to obtain an enhanced DBS disclosure the company follows the regulations and CQC guidance by:

  • Arranging for new staff to have a structured induction programme in which they always carry out their work under supervision.
  • Closely monitoring the appointee’s work settings.
  • Informing the service users of the position regarding lack of confirming information.
  • Terminating the employment if the DBS disclosure is unsatisfactory on receipt.

 

Job Interviews

Job interviews provide an opportunity for the organisation to acquire the information it needs about applicants to decide who is most suitable for the position in question.

Interviews are conducted after applicants have been shortlisted.

Every attempt is made to ensure that interviews are conducted under conditions that are conducive to interviewees being able to demonstrate themselves at their best.

Interviewers, for their part, ensure that they have all the appropriate documentation before the start of the interview. The assessments made by interviewers are formally recorded on an interview assessment form.

Health questions are asked at interviews where the applicant is required to be fit and mentally able to undertake the tasks, and where those tasks are an intrinsic part of the job.

All interviewers are familiar with:

Note: Where service users form part of the selection process there must be clarity regarding their role. It must be identified from the outset of the process whether their involvement is of a formal or informal nature. Formal participation in the interview process means being part of the recruitment process, including the recording and consideration of their views. Informal participation in the interview process means that their views do not form part of the consideration of the appointment.

 

Value-Based Recruitment

 This organisation not only acknowledges the importance of safe recruitment but recognise the importance of retention. To support this, we use a value-based recruitment tool as part of the recruitment selection process. In addition, Skills for Care issue guidance such as Finders Keepers.

 

Code of Conduct

All staff are employed following the Skills for Care Code of Conduct.

 

Offers of Employment

These are made only on satisfactory completion of all of the above. We are aware of the requirements of the Equality Act 2010 and due diligence will be exercised where reasonable adjustments are a consideration.

 

Related Policies

  • Adult Safeguarding
  • Code of Conduct for Workers
  • Data Protection Legislative Framework (GDPR)
  • Disclosure and Barring Service (DBS) and (DBS) Referral
  • Equal Opportunities
  • Monitoring and Accountability
  • Recruitment of Volunteers
  • Young People and Employment

 

Related Guidance

DBS A Guide to Adult Workforce Roles for Registered Bodies and Employers: https://www.gov.uk/government/publications/dbs-workforce-guidance

Home Office: Employer’s Guide to Right to Work Checks: Annex B, May 2016, updated June 2018: https://www.gov.uk/government/publications/right-to-work-checks-employers-guide

Immigration Act 2016 Fact Sheet: Illegal Working: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attach ment_data/file/537205/Immigration_Act_-_Part_1_-_Illegal_Working.pdf

Skills for Care: Value-Based Recruitment: http://www.skillsforcare.org.uk/document-library/finding-and-keeping- workers/practical-toolkits/finderskeepers.pdf

Government Equalities Office: https://www.gov.uk/government/organisations/government-equalities-office

Equality and Human Rights Commission: Guidance for Employers on Section 60 of the Equality Act 2010: https://www.equalityhumanrights.com/en/publication-download/pre-employment-health-questions-guidance-job-applications-section-60-equality

CQC Regulation 19: Fit and Proper Persons Employed: https://www.cqc.org.uk/guidance-providers/regulations-enforcement/regulation-19-fit-proper-persons-employed

CQC: Regulation 5 Fit and Proper Persons Directors: https://www.cqc.org.uk/guidance-providers/regulations-enforcement/regulation-5-fit-proper-persons-directors

The Good Work Plan: https://www.gov.uk/government/publications/good-work-plan The Equality Advisory Support Service (EASS) New helpline 0808 800 0082.

EU settlement scheme: https://www.gov.uk/settled-status-eu-citizens-families

Brexit new rules are here: https://www.gov.uk/government/collections/brexit-guidance

New employee coming to work from abroad: https://www.gov.uk/guidance/new-employee-coming-to-work-from-abroad

UK visa sponsorship for employers: https://www.gov.uk/uk-visa-sponsorship-employers

 

Training Statement

All staff, during induction, are made aware of the rganization’s policies and procedures, all of which are used for training updates. All policies and procedures are reviewed and amended where necessary, and staff are made aware of any changes. Observations are undertaken to check skills and competencies. Various methods of training are used, including one to one, online, workbook, group meetings, and individual supervisions. External courses are sourced as required.

 

Addendum

Recruitment of Overseas Workers

This overview is based on current government guidance on the employment of overseas workers.

It is important to regularly monitor the government website relating to employing workers from overseas.

https://www.gov.uk/guidance/recruiting-people-from-outside-the- uk#:~:text=You%20need%20to%20have%20a%20sponsor%20licence%20to%20hir e%20most,to%20the%20EU%20Settlement%20Scheme

 

Overview

  • Freedom of movement ended on the 31st December 2020. The UK has introduced a new immigration system for all overseas workers, excluding Irish citizens, who now need to meet certain requirements and apply for permission to work. The requirements are different for each visa.
  • The new system does not apply to EEA or Swiss citizens you already employ in the UK, who were living in the UK by 31st December 2020, and their family members who can apply to the EU Settlement Scheme.
  • Under this scheme they have until the 30th June 2021 to apply.
  • Skilled Workers. Anyone you wish to recruit from this pool needs to demonstrate that:
    • They have a job offer from a Home Office licensed sponsor.
    • They speak English at the required level.
    • The job offer is at the required skill level of RQF3 or above (equivalent to A level).
    • They will be paid at least £25,000 or the “going rate” for the job offer, whichever is higher.

If the job offer pays less, but not lower than £20,480 the applicant may still be able to apply by “trading points” on specific characteristics against their salary e.g. If they have a job in a shortage occupation or a PhD relevant to the job.

There are different salary rules for different sectors, including Health and Education jobs. There is no general route for employers to recruit from outside the UK for jobs offering a salary of £20,480, or at a skill level below RQF3.

In General, as an employer who wishes to hire most workers from outside the UK, under the new system for Skilled Workers, you need to have a sponsor licence.

There are various other routes, such as Global Talent, Youth Mobility Scheme (18- 30yrs), Intra-Company Transfer etc. which all have their own systems. These will rarely apply to Social Care Settings but may apply to some Health Settings.

 

Shortage Occupational List (SOL)

This list is compiled and amended by the Home Office only. The identified occupations are those jobs where there is a recognised shortage of skilled worker within the indigenous population of the UK. A panel decides the occupations, based on data from employers, trade organisations and business organisations. This list needs to be checked on a regular basis, as occupations are added as they are approved by the panel.

Health and Social provider organisations are still lobbying hard for changes to the list in respect of nursing assistants, support workers etc, but as yet they have not been approved by the SOL.

 

Right to Works Checks

From the 1st January 2021, as part of the Right to Work Checks, work permits and visas should continue to be part of the documentation check to establish their Right to Work. Passport or National Identity Card can still be used until 30th June 2021.

After 30th June 2021 new immigration rules for recruiting from outside the UK will apply.

 

EU Settlement Scheme

It is important that workers employed before the 31st December 2020 and living in the UK apply to the EU Settlement Scheme. People have until 30th June 2021 to do so. Failure to apply could affect their status after the 30th June 2021. https://www.gov.uk/settled-status-eu-citizens-families/eligibility

Full guidance on the new immigration rules will be released by the government and this policy will be amended to reflect the new system.