THE NEW SCHOOL

                        SAFER RECRUITMENT POLICY

 

Introduction

People are the most important asset of any organisation and considerable time and effort is necessary to ensure that the right person is recruited for the job. In schools, as with any other organisation, a ÒpoorÓ appointment is costly both in terms of reduced efficiency as well as any remedial action.
When recruiting, it must be remembered that the exercise is part public relations since it is not only the vacancy that is in the public domain but also the school as a whole.

 

Safer recruitment is one strand of safeguarding and promoting the welfare of children, a key part of the GovernmentÕs strategy for children and young people that was set out in Every Child Matters (ECM). Staying safe is one of the five outcomes for children that underpin that strategy, and safeguarding and promoting the welfare of children is a key theme of the ECM agenda and the Children Act 2004.

 

The consequences of poor recruitment and selection practices include the wrong appointment, risks to children and young people, poor job performance, higher staff turnover, increased workloads on those staff remaining, and staff retention issues.

 

The recruitment and selection process is best handled by having established systems in place, appropriate to the size and nature of the school. These systems should be: 

 

 

 

The Safer Recruitment and Selection Policy you are about to read is produced as a framework assisting to achieve the above-mentioned requirements when embarking upon the recruitment and selection of staff to the school.

 

This document should be read in conjunction with the DfE Guidance ÒSafeguarding Children and Safer Recruitment in EducationÓ, which came into force 1 January 2007.


Furthermore, there is significant legislation impacting upon the recruitment and selection process of which those embarking upon the process should be aware.  Additional details on the legislation can be found in Section 13.0 of these procedures. 

 

Schools are reminded that they are required to monitor their recruitment and selection of staff against all of the equality monitoring standards.


                                                         SECTION 1

1.0    When a Vacancy Occurs

1.1 Decide whether to fill the vacancy

When a vacancy arises, you should consider whether or not it is necessary to recruit a direct replacement, taking into account the schoolÕs agreed staffing structure. Considerations may include:

 

1.2 Church Schools

When a church school is appointing staff it must consider the needs of the Foundation. In particular, two aspects of school life must be safeguarded and respected by all appointments:

 


2.0 Appointing a Selection Panel

 

2.1 Responsibility for Appointment

Any voluntary aided, foundation, trust, and foundation special schools are, in general, the employers of the schoolÕs teaching and non-teaching staff (although the LA may employ non-teaching staff directly if the TCHA Board agrees). The LA does not have an automatic statutory right of attendance at appointment proceedings but TCHA Board may invite the LA to attend and give advice if it so wishes.

 

TCHA Board along with the Learning & Skills Co-ordinator takes the responsibility for appointment decisions of all school staff.

 

2.2 Composition of the Selection Panel

Selection panels will vary in size and composition depending on the post. It is important to have all appropriate persons, who are suitably trained and briefed, on the panel but without making it excessively large.

Wherever possible, the panel undertaking any interview should:

 

Whilst the involvement of TCHA Board in selection procedures is to be encouraged, always be mindful of the sensitivity relating to the post being recruited to, in particular their role and decision making capacity within the process.

 

2.3 The Role of the Selection Panel

The selection panel will be responsible for all stages of the appointment, from the job description/person specification through to the interview and it is good practice for all members of the panel to attend all meetings relating to that appointment.

The selection panel has a duty to:

 

Where a recommendation to appoint is made as outlined above, the TCHA Board should appoint the recommended candidate unless he/she fails to meet the requirements relating to qualification, capability and the Criminal Records Bureau (CRB).

 

If the selection panel or TCHA Board cannot agree on a person to recommend, or if the recommended person fails to meet the qualification or capability requirements, the TCHA Board has two options:

 
2.4 Appointing Learning & Skills Posts

The Children, Young People and Families Directorate can advise TCHA Board members, if they so wish, throughout the process of appointing a Learning & Skills Co-ordinator and this will include advice on recruitment and selection procedures, salary grading, conditions of service, contracts, job descriptions and person specifications. Participation in and support with shortlisting, interviews and candidatesÕ de-briefing are also offered.

 

In the case of church schools, diocesan representatives will work with TCHA Board to provide advice and guidance in respect of the appointments process.

 

All Learning & Skills Co-ordinator vacancies must be advertised in a printed publication circulated throughout England and Wales, such as the Times Educational Supplement, in order to comply with the School Standards and Framework Act 1998. The exemption here is where a school is subject to a re-structure, for example, where an Infant and Junior school merge to form a Primary School. Where a school is part of a statutory federation, TCHA Board may decide to appoint Learning & Skills Co-ordinator who is already in an existing position at another school within the federation, in which case a selection process would not be necessary.

 

Other appropriate sources of advertising can also be used to supplement the national advertising referred to above.

In terms of process:

 

Where the LA has concerns about the suitability of a candidate, it must write to the selection panel within 7 days. The panel is required to consider the LAÕs representations and if it proceeds to interview and subsequently wishes to recommend the appointment of that candidate to the governing body, it must respond to the LA in writing. Furthermore, the correspondence must be made available to the whole of the TCHA Board.    

 

Where there is a gap between Learning & Skills Co-ordinator leaving and his/her replacement starting, the TCHA Board is required to recommend a person to appoint as Acting Learning & Skills Co-ordinator. They can also choose to recommend an acting Deputy Learning & Skills Co-ordinator, if there is a similar situation at Deputy Level. The full advertising and interviewing process need not be followed in these instances; however, where there is more than one suitable candidate the appointments procedure must be followed. Upon the recommendation of a suitable candidate, the TCHA Board is required to appoint the recommended person, subject to qualifications and medical capability.

 

2.5 Appointing to Deputy Level Teaching Posts

The TCHA Board decide how many, if any, Deputy Level teachers the school is to have. With the exception of the LAÕs right to make representations about unsuitable Learning & Skills Co-ordinator candidates, the procedure for appointing Deputy Level teachers is the same as that for Learning & Skills Co-ordinators.

 

2.6 Other Teaching and Support Staff

The TCHA Board may delegate responsibility for recruitment to Learning & Skills Co-ordinator, senior staff and LA representatives, as appropriate.

 

Good practice would be for the panel to involve a minimum of three people to include the line manager of the vacant post accompanied by at least one of the following; the Learning & Skills Co-ordinator, a Senior Manager within the school or a TCHA Board member.

 

Recommendations to appoint should be made to the TCHA Board which is required to appoint the recommended person, subject to conditions concerning qualifications and medical capability.

3.0 Writing a Job Description and Person Specification

 

3.1 Job Descriptions

Everyone applying for a vacant job will want to know what they will be expected to do and the outcomes they will be responsible for. Without that degree of definition and clarity about where the post fits into the schoolÕs agreed structure, there is likely to be confusion and disagreement between employer and employee.

 

The job description should detail the purpose, tasks and responsibilities of the job. When a job is new it would be reasonable to review the job descriptionÕs accuracy after six months, for example, and on a regular basis thereafter as part of the annual appraisal process. Similarly, an existing job becoming vacant presents an ideal opportunity to review and update the job description and person specification.

 

Job descriptions for teachers should not contain duties or responsibilities that are outside of those contained within the Conditions of Employment section of the National School TeachersÕ Pay and Conditions Document. There is also a need to be mindful of the National Agreement in relation to teachersÕ workload, the contractual changes and the need to address work-life balance issues.

 

Some points to include when writing an appropriate job description:

 

3.2 Person Specifications

Compiling a person specification allows an employer to profile the ideal person to fill the job. A person specification should be prepared which sets out the skills, aptitude, knowledge and general abilities that are required to do the job. These should be defined as either 'essential' or 'desirable' criteria:

Essential criteria are attributes that the postholder must have in order to carry out the job effectively.


Desirable criteria are attributes that will enhance job performance but do not necessarily mean that those lacking such attributes should be excluded from consideration.

Some points to include when writing a person specification:


In addition to the candidateÕs ability to perform the duties of the post, the interview will also explore issues relating to safeguarding and promoting the welfare of children. It is recommended that you include the following points in the person specification:

 

Also include in all person specifications the following:

 

 

 

Under no circumstances should the person specification be completed or revised after the selection panel has had access to the applications.

 

4.0 Writing an Advertisement

Composing the advertisement is a critical element of the recruitment process, given the importance of projecting the school in the best possible light in what is an extremely competitive market.

 

Advertisements will vary considerably according to the job role and the media to be used, but the following checklist will be appropriate to most jobs:

á          job title

á          job location

á          salary and any other benefits

á          information about the school

á          hours of work

á          type of contract, permanent, fixed term, temporary, etc

á          reference to the schoolÕs progress in relation to the remodelling agenda, ie staff workloads and work/life balance

á          a realistic closing date – a minimum of 2 weeks from the date of publication is recommended

á          logos and website addresses for the school

 

Ensure that the wording of the advertisement encourages applications from all suitable candidates irrespective of gender, race, disability, age, religion and marital status. Also ensure that the contents, particularly salary and other benefits, are accurate.

 

The advertisement should also include schoolÕs commitment to safeguarding and promoting the welfare of children and young people and that it expects all staff & volunteers to share this commitment.

 

You should avoid the following:

 

It is important that all documentation, i.e. job descriptions, person specifications, information to applicants, is appropriate and of a high quality since this whole process is a marketing and public relations exercise.

A culture of professional openness, where maximum information about the post and the school is made available to all potential applicants, is to be encouraged.

 

In your information to prospective applicants you should include a copy of your school Child Protection Policy/Procedure and that all candidates, if shortlisted, must bring in proof of identity.


5.0 Placing the Advertisement

 

5.1 The process of advertising a vacancy needs to be undertaken carefully so as to ensure the best response whilst achieving best value at the same time. The object is to attract a sufficient selection of good quality candidates.

 

Media used for such advertisements will include:

á        National press – advertising in the national press is expensive but likely to produce a good response. National publications catering for ethnic minority groups can also be used. Remember that all Learning & Skills Co-ordinator and Deputy Level teacher vacancies must be advertised in a printed publication circulated throughout England and Wales

á        Specialist and professional journals – often less expensive than the national press, these journals, which include religious publications and ethnic press, can guarantee to reach specific groups of potential applicants for specialist and professional vacancies

á        Internet – an expanding recruitment medium which will target people who are computer literate and have access to the web at their home, place of study or work. Whilst this is a cost effective option, it should not be used exclusively.

á        Local newspapers, radio – used for less specialised jobs, or to target groups in a particular locality, advertisements in the local media can often produce a good response

á        School noticeboard  - this may be suitable for certain vacancies, e.g. midday supervisors

 

5.2 Other sources of recruitment may include:

á          Commercial recruitment agencies – often specialising in particular types of work/job role agencies are likely to already have potential applicants registered with them. This source, however, does tend to be expensive.

á          Secondary schools, colleges and the careers service – a good source of local, young people whose particular skills and abilities are known. It can be particularly useful to offer students the opportunity to spend some time at the school on work experience, or ÔshadowingÕ. The Modern Apprenticeship Scheme is also available to provide young people work opportunities at a low cost to the employer, e.g.  some schools have recruited ICT technicians through this scheme.

á          Word of mouth – this approach is economical but likely to lead to a much smaller pool of suitable applicants, and is unlikely to satisfy equal opportunities requirements as it tends to perpetuate any imbalance in the workforce. The Commission for Racial Equality and the Equal Opportunities Commission both warn against such practices where the workforce is primarily of one gender or racial group.

 

5.3 Under Representation and Genuine Occupational Requirement (GOR)
In limited circumstances it may be permissible to aim an advertisement specifically at a particular race or sex or age range, either where there is under representation or where a GOR applies. The latter is where the holder of the job provides individuals with personal services promoting their welfare or education, or similar personal services, and those services can most effectively be provided by a man (or woman, or person of a particular race, as the case may be). An example would be the provision of care for a specific pupil or group. Further information relating to this legislation can be found in Sections 13.1 and 13.3.

 

The Courts do, however, take a restrictive view of when such a condition applies, and TCHA Board would be mindful of seeking further professional advice.

 

5.4 Responding to Disabled Applicants

Schools, as with all other employers, have a legal responsibility not to discriminate against a disabled person in any respect of employment, including recruitment and selection, for a reason connected with their disability.

 

When advertising application forms and other job related information; should be made available in different formats and media if requested, for example, in large print, on tape etc. In addition, disabled applicants should be allowed to make applications in different formats where appropriate. 

 

 


6.0 Shortlisting Applicants

It is essential that the same selection panel should both shortlist and interview candidates. When shortlisting:

 
Candidates who have not been shortlisted should be informed in writing, unless they have already been informed that those not receiving a response by a specified date should assume that they have not have been shortlisted.

 

Applicants who believe they have been unlawfully discriminated against have the right to complain via an Employment Tribunal and, therefore, all notes should be kept for at least 6 months following the date of the interview. Furthermore, it is good practice to provide feedback to applicants when requested and such notes will help you in that process.   

7.0 Checking for References and Qualifications

 

7.1 References
In accordance with the practice for all posts having access to children and young people, references should be requested as soon as candidates have been shortlisted for interview. These should be sought in an appropriate manner and subsequently used in a fair and agreed way by the selection panel throughout the process. Those candidates who have hitherto indicated that they do not want their referees to be contacted should now be asked to give permission to do so. References that have been obtained prior to the interview allow any issues of concern raised by the reference to be explored further with the referee and taken up with the candidate during the interview if necessary.

A new reference should be obtained in respect of each appointment irrespective of the fact that a reference relating to the same candidate may have been obtained for an earlier vacancy. References should be obtained from the candidateÕs current or most recent employer.

The application form should request both professional and character references, one of which should be from the applicantÕs current or most recent employer. Additional references may be asked for where appropriate. For example, where the applicant is not currently working with children, but has done so in the past, a reference from that employer should be asked for in addition to that from the current or most recent employer if this is different. Careful consideration need to be given to applicants who have been working as a locum or with an agency on a series of temporary contracts. The need to ask for additional references, i.e. the last permanent employer should be considered.

 

References should contain objective verifiable information and in order to achieve this, a reference pro-forma with questions relating to the candidateÕs suitability to work with children should be provided. You are recommended to use a reference pro-forma (a model pro-forma can be found in Section 15.0) which can be sent with a covering letter. The use of telephone references is not good practice and should be discouraged. In situations where a reference is not provided in time, this should not prevent the candidateÕs application from going forward if s/he meets the criteria.

 

The referee should be asked to confirm whether the applicant has been the subject of any disciplinary sanctions. Furthermore, the referee should be asked whether the applicant has had any allegations made against him/her, concerns raised relating to either the safety or welfare of children and young people, or about the applicantÕs behaviour towards children or young people. Details about the outcome of any concerns or allegations should be sought. The references should be checked carefully with the application form to identify any possible discrepancies.

 

If the applicant claims to have specific qualifications or experience relevant to working with children which may not be verified by a reference, the facts should be verified by making contact with the relevant body or previous employer, and any discrepancy explored during the interview.

 

Reference requests should include a copy of the job description, person specification and any other relevant information. They should also indicate the date by which a reply is required. It is helpful to ask specific questions of the referee, covering areas such as:

 

Where the response from the referee appears unclear, or questions asked remain unanswered, clarification must be sought.

No offer of appointment - verbal or written - is to be made prior to receipt of suitable references. Where references have not been received, it is suggested that you inform the ÔsuccessfulÕ candidate that you are interested in pursuing the candidate's application and now wish to seek references. There may be occasions when references are not forthcoming for whatever reason and, in this case, a candidate should be given the opportunity to provide the details of an alternative referee.

 

In order to make an offer, two satisfactory references must be received, one of which is the current or most recent employer. Where the candidate is a school or college leaver, the reference should be from that educational establishment.

 

7.2 Qualifications
It is essential that all qualifications that are relevant to the job should be checked before any appointment is made. The most convenient means to do this is to ask shortlisted candidates to bring their original documents with them when invited for interview. Please note that being registered with the General Teaching Council is no guarantee that the candidate is qualified to teach.


8.0 Selecting an Applicant

 

8.1 Preparing for Interview

Be mindful that the interview stage is another area where allegations of unfair or discriminatory treatment can arise and therefore care should be taken here to ensure that all processes are fair and justifiable.


Firstly, it is good practice to offer the opportunity for candidates to visit the school prior to the interview process.

All candidates invited for interview should be given sufficient time to make arrangements to attend the selection process and to carry out any preparatory work required beforehand, ensuring that they have access to all the required information. A minimum of seven days prior notice is recommended. Where the interview process for a teaching post is to include observed teaching, it is good practice for full and clear details of the teaching task(s) and the evaluation process to be given to the candidates as far in advance as possible.

 

Candidates should be informed of claimable expenses and the method for submitting claims.

 
Candidates should also be asked whether they have any particular requirements for the selection process relating to disability and if they would like to visit the school prior to the interview. All practicable steps should be made to accommodate any such need.

 

Candidates should be reminded that, if successful, their qualifications and suitability to work with children will need to be thoroughly checked.

 

Before the selection process, each member of the panel should receive:

 

 

A score sheet pro-forma can be found in Section 15.0 of these guidelines.

 

8.2 The Interview

The aims of an interview are to:

 

It is important that interview questions relate to the selection criteria stated on the person specification in order that the candidateÕs answers can be assessed and rated. It is perfectly acceptable to ask specific questions to clarify and supplement the information provided in the candidateÕs application form. An interview panel must, for example, seek clarification on any apparent employment gaps or where dates of employment do not tally, particularly where the postholder will have access to children.

   

The candidateÕs attitude toward children and young people in general should be tested and also their commitment to safeguarding and promoting the welfare of children in particular. The following areas should be explored with applicants in the interview:


Suggested questions in this area:

 

Panel members should also be reminded that all notes taken should be as objective as possible. Under the Data Protection Act 1998, the potential exists for interviewees to see the notes made about them.


Interviewing arrangements should include the following:

 

Possible supplements to the selection interview may include:

Presentations – these can demonstrate an individual's ability to research a topic and present it concisely and effectively to a targeted audience. These are often be used where the postholder will be expected to address groups or to present information as part of the job role.

Controlled group – teachers can be asked to prepare specific tasks in their subject for a group.
'In tray' exercises – often used for clerical or administrative roles, these can demonstrate an individual's ability to prioritise and use their time efficiently.
Observed group discussions – commonly used for more senior posts, these demonstrate personal and interactive skills. They can be helpful in assessing a candidate's communication skills, ability to influence or suitability for team working. Observers should, however, be trained in, and have an understanding, of the process of observation.

Practical tests – these are suitable where jobs require specific skills that can be readily assessed, e.g. numeracy, keyboard skills etc. Any tests chosen should be relevant to the job description and person specification. The test should, as far as possible, be a task the applicants would normally face in the job role. 

Psychometric tests – these can measure technical skills, general intelligence, aptitudes and personality. Tests must only be conducted, and the results interpreted, by qualified assessors. This type of selection process is expensive and usually confined to senior management positions.

 

Be mindful that any one of these tests thought through and properly prepared will require you to take time and resources to actually put into place if they are to be effective. Remember to include these alternative methods on the person specification and the criteria to which they are related.

 

It is important to be clear about the weighting that each activity will carry. For example, the interview may count towards 50% of your scoring a candidate, whilst the other activities combined may make up the remaining 50% of the scoring. If the candidates are meeting a group of staff, think carefully how this will be managed and how it will be fed back to the selection panel. There is the potential for discriminatory practice here if due care is not taken. 

8.3 Making a Decision

Panel members should separately score the candidates using the matrix score sheet. See Section 15 pro-formas. They should then share their scores with other panel members and discuss their reasons for reaching this score. This discussion should result in a jointly agreed score for each candidate.

 

Notes taken during the selection process should be collated and matched against the criteria set out in the person specification. Always remember that under the Data Protection Act 1998, candidates may have access to these notes.


Even though it is important that any appointment will complement an existing team in the pursuit of its objectives, it is important not to select a candidate based on vague general conclusions and because they would 'fit in'. Selection on this basis could attract an accusation of discrimination.

 

If the panel is not able to decide on a candidate because of lack of suitability, do not be afraid to refrain from making an offer of appointment. Long term, it is far better to try again rather than make the wrong appointment for the sake of filling the vacancy quickly.

 

After making a selection, references should also then be examined as a means of confirming the panelÕs decision and therefore it is important to have satisfactory references. An appointment should only be made where the references confirm the candidateÕs suitability and there are no outstanding disciplinary proceedings or allegations. If the references are not satisfactory, there will be a need to follow them up and seek clarification.


9.0 After the Selection Process

9.1 Informing the Successful Candidate

The successful candidate may have been given an oral offer at the end of the selection process. This should be followed up by letter or by e-mail as soon as possible.
It is important to be very clear about the conditions upon which the offer is made, e.g. subject to medical clearance, receipt of satisfactory references, proof of qualifications, criminal records checks, eligibility to work in the UK.


9.2 Informing Unsuccessful Candidates
It is important to inform unsuccessful candidates and the best way of doing this is by telephone. This can be followed up by a letter or e-mail. In all but exceptional circumstances this should be done within five working days.

Unsuccessful candidates should normally be offered the opportunity to discuss their performance in the selection process if they wish and constructive feedback provided.

 

Recruiting managers should aim to leave unsuccessful applicants feeling that they have been treated fairly and with a favourable impression of the school.

 

9.3 Keeping Recruitment Records

In order to comply with the Data Protection Act 1998, all personal data obtained in the course of the recruitment process (applications, references, interview notes, test  scores, etc.) with the exception of data which is transferred to the appointee's personal file, should be kept in a secure place for a period of six months and then systematically destroyed.

10.0 Checking Eligibility for Employment

Each new appointee should be given an appointment pack which contains details of all checks. Please see Section 10.4 for eligibility to work in the UK. It is important that casual and sessional staff is also subject to the appropriate checks detailed below and that these are completed prior to taking up appointment.

 

10.1 General Teaching Council

It is a legal requirement that all qualified teachers should be registered with the General Teaching Council before starting employment.

 

10.2 Criminal Record Checks

All school staff must be checked for criminal records. The Criminal Records Bureau (CRB) carries out these checks. Checks can only be submitted to, and received from the CRB, by a properly authorised body. Staff should not commence prior to the CRB clearance being received. On the rare occasion where this might occur, a risk assessment must be undertaken and unsupervised access to children must be avoided. A risk assessment needs to be evidenced in writing. 

 

TCHA Board members will discuss any cautions, convictions or cause for concern disclosed on the CRB Disclosure Certificate. This is to help make a judgement about the personÕs suitability to work with children, taking into account only those offences which may be relevant to the post in question. In deciding the relevance the following should be considered as part of your risk assessment:

á          the nature of the appointment

á          the nature of the offence

á          the age at which the offence took place

á          the frequency of the offence

Anyone who is barred from working with children in a regulated position, as set out in Section 36 Criminal Justice and Court Act 2000, is committing an offence if they apply for, offers to do so or accept any work in any of the regulated positions as set out in the Act. It is also an offence for an employer knowingly to offer work in a regulated position, or to produce work in a regulated position for an individual who is disqualified from working with children, or fail to remove such an individual from such work.

10.3 Medical Procedures

Legislation requires that the TCHA Board should be satisfied with the health and physical capability of any employee who will have regular contact with children.

 

All employees should, therefore, be required to provide a medical statement of fitness when first appointed by completing a pre-employment questionnaire. The questionnaire is in two parts; if the employee answers ÔyesÕ to any of the questions in part 1, then they are required to answer further questions in part 2. Further investigation is carried out by the Occupational Health Adviser and advice given regarding the individualÕs fitness for work. The TCHA Board is responsible for obtaining this report.

 

Where there are doubts about an applicantÕs fitness to work in a school, the TCHA Board will discuss the matter with the Learning & Skills Co-ordinator before any decision is made.  


10.4 Eligibility to Work in the UK
Law on preventing illegal working - Checking documentation

Section 8 of the Asylum and Immigration Act 1996 requires all employers in the United Kingdom to make basic document checks on every person they intend to employ to avoid breaking the law by employing illegal workers.

Section 8 of the Act sets out the law on the prevention of illegal working:

¥     It is a criminal offence for you to employ a person, aged 16 or over, who has no right to work in the UK

¥       It provides you with a statutory defence against conviction for employing an illegal worker by making the appropriate checks

¥       It obliges all employers to ensure that recruitment practices do not discriminate against individuals on racial grounds. 

Effective from 1 May 2004, the Government introduced changes to the types of document which must be checked in order to have a statutory defence under Section 8.

Under the changes, you must now ask all of your potential employees to provide:

¥     One of the original documents included in List 1 of the Home OfficeÕs listing of approved documentation   OR

¥       Two of the original documents in the combinations given in List 2 of the Home OfficeÕs listing of approved documentation.

There is no longer the need to ask your potential employee to produce documents from both List 1 and List 2.

A breakdown of Lists 1 and 2, along with further details, can be found on the Home OfficeÕs website www.ind.homeoffice.gov.uk . Alternatively, you can ring the Home Office Employers Helpline on 0845 010 6677.

New measures to prevent illegal migrant working

From 29 February 2008, new measures to help tackle illegal migrant working came into force introducing a civil penalty. These measures, under sections 15 to 26 of the Immigration, Asylum and Nationality Act 2006 (Ôthe 2006 ActÕ), include:

The new measures do not significantly alter employersÕ responsibilities. Employers are already required to check their employeesÕ right to work in the UK, to avoid being prosecuted for employing illegal migrant workers.

Work Permits

Please remember that, if you are considering employing someone who is not a national of a European Union country, you will have to check first of all whether they are eligible to work in the United Kingdom. Anyone who is eligible to work here will have the appropriate entry stamps in their passport. If they do not, they will need a work permit, which should be applied for before the person takes up work. There is a very useful website www.workpermits.gov.uk which gives a great deal of information, including an EmployersÕ Section containing examples of the various entry stamps issued by immigration officers.

 

It is extremely important that the correct documentation is checked and care is taken when verifying the candidate.  Further information about the legislation can be found in Section 13.6.  

 

Pre-employment checks- Schools are required to compile a single, central record of completed recruitment and vetting records. The central record must state whether checks have been completed and include the date on which each check was completed and by whom. Ofsted do check that the correct record system is in place and that it is sufficiently robust.

11.0 Planning Induction
Now that an appointment has been made, the induction programme for the new appointee needs to be planned well in advance of the appointment date. Induction sessions should not be held during lunch breaks or outside of normal directed time.

 

The induction of all newly appointed staff must include an introduction to the schoolÕs child protection policies and procedures. This should include being made aware of the identity and specific responsibilities of those staff with designated safeguarding responsibilities.

New staff members must receive health and safety induction. In addition, they must be provided with information about safe practice and given a full explanation of their role and responsibilities and the standard of conduct and behaviour expected. They should also be made aware of the schoolÕs personnel procedures relating to disciplinary issues and the relevant whistle blowing policy.

The programme of induction should also include attendance at child protection training at a level appropriate to the member of staffÕs work with children.

Learning & Skills Co-ordinator should ensure that staff are adequately and appropriately supervised/supported and that they have ready access to advice, expertise and management support in all matters relating to safeguarding and child protection.

The overall induction process is likely to span a period of weeks, or even months, depending upon the job involved. Although not exhaustive, and in no particular order, the following checklist outlines items that may need to be included in an induction programme:


It is also helpful to check with the new member of staff that they have received the following:


12.0 Appointment Process - Checklist     

Please find below a model checklist for the appointment process which may be of assistance to you:

 

                        Action

Name of person responsible

Target date

Decide on the need to fill the vacancy taking into account curriculum, organisational and budgetary aspects

 

 

 

An appropriate and representative selection panel identified

 

 

Relevant job description and person specification written

 

 

Timescale drawn up – agree shortlisting and interview dates, venue  and associated arrangements

 

 

 

Application packs (including job description, person specification and monitoring forms) prepared and available

 

 

 

      Additional information sheets for

      applicants prepared as appropriate          

 

 

      Candidates invited for interview

 

 

      Additional information sheets for

      applicants prepared as appropriate

  

 

 

     References requested

      Interviews held

 

 

      Successful applicant informed

 

 

      Unsuccessful candidates informed

 Notes taken at the shortlisting and interview stages retained

 

 

 

 

Appropriate appointment pack issued to successful candidate (Part A of the Medical Statement of Fitness form contained in the pack to be completed by the school first). It is advisable to issue this pack immediately after contacting the successful candidate to ensure medical and police checks are completed before the person takes up their post.

 

 

 

 

 

NB.  In the case of fixed-term employees it is important to include the reason for the fixed term appointment, e.g. when an appointee is supporting a special needs child please include the name of the child as this is needed for inclusion in their contract of employment   

 

 

 

 

 

 

 

 

                                              SECTION 2                 

 

 

 

 

 

13.0 Relevant Legislation

In the absence of consistent and justifiable criteria for recruitment and selection purposes, decisions can be subjective and leave the way open for discrimination to occur. Discrimination in the recruitment and selection process not only contravenes TCHA Boards policy on equal opportunities, but it is also unlawful.

 

Legislation which can impact on the recruitment and selection process is detailed below.

13.1 Sex Discrimination Act (1975)

The Sex Discrimination Act (1975) applies to discrimination against both women and men. All references below to the rights of women to equal treatment also include the rights of men to equal treatment.

 

Direct sex discrimination, for example, arises where a person treats a woman, on the grounds of her sex, less favourably than a man would be treated. In considering direct discrimination it is necessary to enquire:

 

a)       Whether it was less favourable than the treatment which was (or would be) accorded to a man and, if so, whether the less favourable treatment was on the grounds of her sex, i.e. whether the reason for the treatment was because she was a woman.

b)      
Indirect sex discrimination consists of treatment which may be described as equal in a formal sense but discriminatory in its effect on one sex. An example of this might where a condition or requirement is applied which is to the detriment of a woman because she cannot comply with it.

 

Section 7 of the Sex Discrimination Act does allow for certain exceptions. Sex discrimination (but not against married persons or victimisation) by an employer in recruiting for a job, or in providing opportunities for promotion or transfer, is not unlawful where a personÕs sex is a genuine occupational requirement (GOR) for the job. A GOR may be claimed only because of:

a)       physiology (excluding physical strength and stamina) or authenticity, for example, a model or an actor

b)       decency or privacy, for example, changing room attendants

c)       the nature of the location of the establishment which makes it impracticable for the job holder to live in premises other than those provided for by the employer and the only available premises for persons doing that kind of work do not provide both separate sleeping accommodation for each sex. This exception does not apply if the employer could reasonably be expected to make alternative arrangements

d)       the fact that the establishment, or part of it, provides special care, supervision or attention to people of one sex only

e)       the fact that the job involves the provision of personal services, promoting welfare or education, that are most effectively provided by men (or by women), for example, some probation officers or wardens of residential hostels.         

 

13.2 Race Relations Act (1976)

        Race Relations (Amendment) Act (2000)

        Regulations 2003

 

The Regulations 2003 implemented provisions of the Race Directive into UK Law.

There is no qualifying period for existing employees; protection begins from day one of employment and there is no upper limit on awards for successful claims in an Employment Tribunal situation.

 

Types of Discrimination 

There are four types of discrimination; direct, indirect, victimisation and harassment. The first three were introduced under the Race Relations Act. The Regulations 2003 changed the definition of indirect discrimination and introduced the new category of harassment.

 

Direct - anyone making such a complaint must have proof of less favourable treatment on grounds of race, national and ethnic group, nationality and colour than another person of another racial, ethnic, national group or nationality or colour. The comparison must be with someone in a similar situation. Examples of direct discrimination are the failure to shortlist and the failure to recruit or promote.

The definition of direct discrimination remains unchanged by the Regulations 2003.

 

Indirect -under the Race Relations Act, indirect discrimination occurs when a requirement or condition is applied equally to everyone, but:

á          only a considerably smaller proportion of people from a particular group can comply with it and

á          it cannot be justified on non-racial grounds

á          it causes disadvantage or loss to a person of that racial group who cannot comply with it.

A further definition of indirect discrimination was introduced in the Regulations 2003. There is now no longer the need for a complainant to demonstrate detrimental treatment or to produce scientific statutory evidence, but merely to show that they were disadvantaged. The Regulations 2003 state that indirect discrimination occurs when an apparently Ôneutral provisionÕ, criterion (eg selection or promotion criteria) or practice would put a certain racial or ethnic or national grounds at a disadvantage. To justify indirect discrimination the employer must establish that the aims of the indirectly discriminatory measures were not achievable by another method.

 

Typical examples of indirect discrimination might include applying a rule of minimum height which may exclude people of Asian origin or a requirement for a fluent English speaker for a post that does not require this skill.

 

Victimisation - it is unlawful to treat a person less favourably because they have committed a Ôprotected actÕ. Protected acts can be explained as:

 

á          previous legal proceedings which have been brought against the employer or the perpetrator

á          giving, or agreeing to give, evidence at an internal hearing or a tribunal

making complaints about the perpetrator or the employer, or other breaches of                        the Race Relations Act, for example, discrimination.

 Harassment 

A statutory definition of harassment was introduced by the Regulations 2003. A person subjects another to harassment, where, on the grounds of racial, or ethnic origin, he engages in unwanted conduct:

 

á          which has the purpose, intentionally or unintentionally, of violating dignity, or

á          which creates an intimidating, hostile, degrading, humiliating or offensive environment for them. 

 

Section 5.2 of the Act does, however, permit selection on racial grounds in certain jobs where being of a particular racial group is a Genuine Occupational Requirement (GOR) for that job, i.e. where the jobholder provides members of a particular racial group with personal welfare, educational or similar services and those services can most effectively be provided by a person of that racial group.

 

Section 38.1(b) of the Act does allow action to be taken to deal with under-representation of a racial group in particular work by encouraging applications from members of the under-represented racial group but only if the employer can show:

 

a)       that at any time during the previous 12 months there were no members of a particular racial group doing that work at that establishment

b)       that the number of members from that racial group doing such work was small in comparison with the proportion of people of that group among those employed at the establishment, on the population of the area from which the employer normally recruits to work at that establishment.

The Regulations 2003 provide for greater scope for exemptions, covering selection, promotion and training, but not dismissal. Taking account of the type of work, or the context in which the work is carried out, the employer must be able to show that there is a genuine need for a person of a particular race, ethnic or national origin.  Examples could be:

 

13.3 Employment Equality (Religion or Belief) Regulations 2003

The Employment Equality (Religion or Belief) Regulations 2003 came into force on 2 December 2003 making discrimination on the grounds of religion, religious belief or similar philosophical belief unlawful in employment and vocational training. The principles of discrimination on these grounds are virtually the same as stated above for race discrimination. 

 

These new Regulations maintain the provisions already in place in Section 60(6) School Standards and Framework Act 1998 and do not allow governing bodies of Catholic schools, for example, to give preference in the appointment, remuneration and promotion of non-teaching and support staff to Catholics.

 

Generally, non-teaching and support staff posts in Catholic schools do not require applicants to be practising Catholics. However, there will be some occasions when a Genuine Occupational Requirement applies and a non-teaching or support staff post must be filled by a Catholic, for example a school chaplain.

The new Regulations recognise this and make specific provision for those employers who have an ethos based on religion or belief. The exemption in the Regulations applies only to those non-teachings and support staff posts where it can reasonably and demonstrably be shown that, Òbeing of a particular religion or belief is a genuine occupational requirement for the jobÓ. This allows employers to place advertisements for jobs requiring a person to be of specific religion as long as it can be justified. Such a requirement needs to be made explicit in job descriptions, person specifications and adverts and should also be reiterated during the selection process.

 

Further advice and guidance can be found on the Diocesan Schools Commission website at  www.bdsc.org.uk


13.4 Disability Discrimination Act (1995)

The Disability Discrimination Act (DDA) in 1995 introduced a new legal definition of disability and repealed the ÒregistrationÓ and quota system (also known as the Ògreen cardÓ system). Under the DDA, a disabled person is someone with:

 

Òa physical or mental impairment which has a substantial and long term adverse effect on his/her ability to carry out normal day-to-day activities.Ó

 

The DDA makes it unlawful for employers to discriminate against prospective or current employees with disabilities because of a reason relating to their disability. The Act says that discrimination occurs when a person with a disability is treated less favourably than someone else due to their disability, and the treatment cannot be justified.

 

Employers are placed under a duty to make Òreasonable adjustmentsÓ where the physical features of the workplace or any of the employment arrangements put a disabled person Òat a substantial disadvantage compared with non-disabled peopleÓ. The legislation does not mean that schools have to employ persons who are not suitable or will have to spend large sums of money in undertaking Òreasonable adjustmentsÓ.

 

The key to implementing the duty to make (or consider) reasonable adjustments is flexibility and this is possibly the greatest cultural change required by this legislation. Reasonable adjustment requires the employer to depart from the rigid framework demanded of other legislation and to look at ways of accommodating difference.


13.5 Age Discrimination Legislation

From October 2006, there is protection from discrimination on the grounds of age, through the Employment Equality (Age) Regulations 2006. 

 

Key areas of the legislation cover:

á          prohibiting direct and indirect age discrimination in employment and vocational training

á          discrimination in recruitment, selection and promotion

á          different treatment on the grounds of age

á          prohibiting victimisation and harassment

á          mandatory retirement ages

á          unfair dismissal law

á          redundancy payment rules
 

13.6 Asylum and Immigration Act (1996) 

The Asylum and Immigration Act (1996) makes employers responsible for ensuring that their staff are legally entitled to work in the UK. This responsibility is met if a prospective employee is able to produce one of a number of items that might reasonably indicate such an entitlement.

 

On 1 May 2004 the Government introduced key changes to the types of document that employers will to check for three reasons:

 

 

Section 8 of the Act sets out the law on the prevention of illegal working:

 

Consequently, the changes introduced by the Government relate to the types of document that must be checked in order for employers to have a statutory defence under Section 8 of the Act.  Full details of these changes and the revised requirements can be found on the Home OfficeÕs website at www.ind.homeoffice.gov.uk

From 29 February 2008, new measures to help tackle illegal migrant working came into force introducing a civil penalty. These measures, under sections 15 to 26 of the Immigration, Asylum and Nationality Act 2006 (Ôthe 2006 ActÕ), include:

The new measures do not significantly alter employersÕ responsibilities. Employers are already required to check their employeesÕ right to work in the UK, to avoid being prosecuted for employing illegal migrant workers.

 

The excuse against payment of a civil penalty provided by the 2006 Act

Whilst the 2006 Act makes employers liable to civil penalties for employing illegal migrant workers, it also allows employers to have an excuse against payment of a civil penalty for doing so. Employers can have the excuse by carrying out specific checks on the original documents of prospective employees. Employers will only have the excuse for employees with time-limited leave to be in the UK if they carry out repeat checks at least once every 12 months. The documents that should be, or have been checked for staff employed from 29 February 2008 are described in the guidance booklets published by the Border and Immigration Agency in February 2008.

The criminal offence provided by the 2006 Act

Under the 2006 Act, it is a criminal offence to knowingly employ a person aged 16 or over who is subject to immigration control and who has no permission to work in the United Kingdom, or who works for you in breach of their conditions of stay in the United Kingdom.

Penalties for employing illegal migrant workers

If you employ or have employed an illegal migrant worker from 29 February 2008 and do, or did not have an excuse you could be liable for a civil penalty of up to £10,000 per illegal worker.

If you knowingly employ or have knowingly employed an illegal migrant worker from 29 February 2008 you could be prosecuted and receive an unlimited fine and/or a maximum two year prison sentence.

Under the Accession (Immigration and Worker Registration) Regulations 2004, an employer can be fined a maximum of £5,000 per illegal worker if they continue to employ an unregistered non-exempt Bulgarian or Romanian worker after one month and have not retained a copy of their Home Office application form and do not receive a certificate of registration. An employer can also be fined for continuing to employ an unregistered non-exempt Bulgarian or Romanian worker if they have been notified by the Home Office that their application has been refused.

Under the Accession (Immigration and Worker Authorisation) Regulations 2006, an employer can be fined a maximum of £5,000 per illegal worker for employing a non-exempt Bulgarian or Romanian who does not have permission to undertake the employment in question from 1 January 2007.

Additionally, under the Accession (Immigration and Worker Registration) Regulations 2004 (SI 2004/1219) reg.9(5), an employer commits a criminal offence if it illegally employs a national from the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland, Slovenia or Slovakia. The penalty is a fine of up to £5,000 for each person illegally employed.

A new code of practice Civil Penalties for Employers will apply to an illegal worker whose employment began on or after 29 February 2008. The code is available online at www.bia.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/guidancefrom290208/.

Employing nationals from the European Union (EU)/European Economic Area (EEA)       Nationals of the EEA/EU:

Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Irish Republic, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden & United Kingdom.

Iceland, Liechtenstein and Norway are not members of the European Union (EU). However, the European Economic Area Agreement gave nationals of these countries the same rights to enter, live in and work in the United Kingdom as EU citizens.

On 1 June 2002 the Agreement between the European Community and its Member States and the Swiss Confederation on the Free Movement of Persons came into force. In general terms, the Agreement conferred on Swiss nationals and their family members the same free movement rights as those enjoyed by EEA nationals and their family members.

Since 1 May 2004 nationals from the Czech Republic, Estonia, Hungary, Latvia Lithuania, Poland, Slovakia and Slovenia who take up employment in the United Kingdom are required to register with the Home Office under the 'Worker Registration Scheme'. Full details on the Worker Registration Scheme are available on the Working in the U.K. website: www.workingintheuk.gov.uk

Therefore in addition to the Section 8 check (as described above) the employee will need to provide evidence of their employment to the Home Office following which the Home Office will confirm the registration.

In addition to the website, the Home Office has an employersÕ helpline on 0845 010 6677.

Bulgaria and Romania
Parliament has now approved the regulations that will manage the flow of new workers into the UK from Romania and Bulgaria when they join the EU on 1st January 2007.

These regulations follow the GovernmentÕs decision, announced on 24 October, to put in place transitional arrangements for these new member states whilst we make progress on our immigration reforms, and properly understand the wider impacts of an expanded European Union.

At the heart of the new regulations is the restriction of low-skilled workers to existing quota schemes in the agricultural and food processing sectors. Skilled workers will continue to be able to work in the UK if they qualify for a work permit or under the Highly Skilled Migrant Programme. Further guidance for employers is available from the employersÕ helpline on 0845 010 6677 or at: www.ind.homeoffice.gov.uk or www.employingmigrantworkers.org.uk

13.7 Local Government and Housing Act (1989)

The Local Government and Housing Act (1989) places restrictions on local government employees, occupying certain posts, from participating in public political activity. Posts to which political restrictions apply fall into one or more of the following categories:

 

List A   Chief Officers, Deputy Chief Officers and other employees who report directly to a Chief Officer, except in a clerical or secretarial capacity, and certain other senior employees who have delegated authority to discharge functions on behalf of the County Council.

 

List B   Full-time posts where the annual salary is at or above spinal column point 44 on the Administrative, Professional, Technical and Clerical pay scale and part-time posts where the full-time salary would be at this level. This category includes most Management Band posts.

 

List C   Posts not included in either Lists A or B above, but where the duties involve either or both:

(i)                    Giving advice on a regular basis to the Council, a Committee, or sub-Committee (including Member panels) or any joint committee on which the Local Authority is represented

(ii)                  Speaking on behalf of the Local Authority on a regular basis to journalists or broadcasters. 

 

13.8 Rehabilitation of Offenders Act (1974) 

The main objectives of the Rehabilitation of Offenders Act 1974 are to ensure that a person convicted of a criminal offence in the past, after a period of rehabilitation, be freed from the stigma of that conviction and subsequently treated as if the offence, conviction and/or sentence had never occurred. The rehabilitation period is the length of time from the date of the conviction; the relevant periods being:

 

Sentence                                                             Period

 

A fine or any other sentence subject to               5 years

Rehabilitation under this Act

 

Any sentence of detention in respect of              5 years

a conviction in service disciplinary

proceedings

 

A sentence of dismissal from Her MajestyÕs        7 years

Service

 

A sentence of imprisonment, youth custody        7 years

for a term not exceeding 6 months

 

 

A sentence of cashiering, discharge with              10 years

Ignominy or dismissal with disgrace from

Her MajestyÕs Service

 

A sentence of imprisonment, youth custody          10 years 

or corrective training for a term exceeding

6 months but not exceeding 30 months

 

More serious offences                                     No rehabilitation period

 

There is no need for applicants to disclose to their employer or prospective employer that they have been convicted of an offence if the rehabilitation period has expired.

 

A Òspent conviction or even failure to disclose a ÒspentÓ conviction may not be used as grounds for dismissing or excluding a person from employment or for prejudicing them in any way.

 

For certain posts, however, there is a requirement for applicants to declare all convictions, regardless of whether or not the rehabilitation period has expired. The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) Order provides in certain circumstances the Act does not apply; namely when:-

 

a)       any post concerned with the provision to persons aged under 18 of schooling, care, accommodation, leisure and recreational facilities, social services, supervision or training, which enables the postholder to have access to those under 18 in the course of their duties

b)       any employment to a Council, or by any other body, in connection with the provision of social services which would enable the postholder to have access, as part of normal duties, to persons over age 65; persons who suffer from serious illness or mental disorders of any description; persons addicted to alcohol or drugs; or persons who are blind, deaf or without speech; or other persons substantially disabled by illness, injury or congenital deformity

13.9 Employment Equality (Sexual Orientation) Regulations 2003

These Regulations implement part of the Equal Treatment Framework Directive and outlaws discrimination on the grounds of sexual orientation.

 

The Sexual Orientation Regulations apply to discrimination on the grounds of orientation towards persons of the same sex (homosexuals), the opposite sex (heterosexuals) and the same and opposite sex (bisexuals). They cover discrimination on the grounds of perceived, as well as actual, sexual orientation (i.e. assuming – correctly or incorrectly – that someone is homosexual, heterosexual or bisexual). The Regulations also cover association, i.e. being discriminated against on the grounds of the sexual orientation of those with whom you associate, for example, friends and/or family.

 

The law does not distinguish between sexual orientation and sexual conduct in the way that the Catholic Church does, for example. Catholic school governing bodies should not, therefore, state or give the impression in any way in their practices or policies that any particular sexual orientation is an occupational requirement.

13.10 Sex Discrimination (Gender Reassignment) Regulations 1999

The Sex Discrimination Act was amended by the Sex Discrimination (Gender Reassignment) Regulations 199 to make provisions for discrimination on the grounds of gender reassignment. Gender reassignment is defined for the purposes of the Sex Discrimination Act as a Ôprocess which is taken under medical supervision for the purpose of reassigning a personÕs sex by changing physiological or other characteristics of sex, and includes any part of such a process. The provisions cover employment-related and some vocational training matters.

 

Currently, gender reassignment legislation has some particular features:

á          unlike sex discrimination cases relating to pay (which are covered by the Equal Pay Act 1970), in gender reassignment cases the Sex Discrimination Act does extend to pay discrimination matters

á          protection starts from the time a person intends to undergo treatment, rather than the date they actually started it the law currently states that a transsexualÕs sex is the one recorded at birth, however, the new Gender Recognition Bill 2003 will give transsexual persons legal recognition in their acquired gender

 

The Sex Discrimination Act (as amended) includes a definition of direct discrimination in respect of a person who intends to undergo, or has or will undergo gender reassignment, is treated less favourably when compared with another person. The correct comparator in such an instance is a person who is off sick or absent for some other reason.

Currently, there is no definition in existence for indirect discrimination or victimisation. The Gender Recognition Bill 2003 may address this anomaly.  

13.11 Data Protection Act (1998)

The purpose of the Data Protection Act (1998) is to regulate the use of personal information relating to individuals. Documents relating to the employment process are frequently produced in the expectation that they will be kept confidential, for example, test results or notes from a selection procedure. Under the Data Protection Act (1998), an individual can request to gain access to information held about them.

Care must be taken, therefore, in the writing of interview notes and the collation of test results with regards to their accuracy and objectivity. Furthermore, care must also be taken with the storage of such information and their ultimate destruction.

 

 

 

 

 

 


14.0 Frequently Asked Questions

Q. A member of staff wishes to withdraw their resignation whilst still in employment. Can this be done?

A. The withdrawal of notice is at the discretion of the Learning & Skills Co-ordinator (TCHA Board in the case of the Learning & Skills Co-ordinator). There is no obligation to accept a withdrawal of notice. In considering the request, be mindful of previous decisions where similar situations and circumstances have arisen, or indeed, how the decision may impact on future occasions.

Q. Should all members of a selection panel take notes during the interview?

A. Yes, this is particularly important at the decision-making stage. Remember to advise the candidate that you will be writing during the interview; usually the person asking the questions will be unable to take comprehensive notes as they will be maintaining eye contact and listening.

Q. A shortlisted candidate is unable to attend the interview date/time. Am I obliged to re-arrange the interview?

A. No, However, you may be able to accommodate the request, for example, where the interviews are being held over a number of days. This would be at your discretion and you are not obliged to re-arrange the interview. If, as a reasonable employer, you do re-arrange an interview date, always be mindful of other similar requests and your ability to facilitate them. You should not use this as an opportunity to deliberately exclude a candidate. Where timescales are tight, for example, it may be helpful to include the planned interview dates in the advertisement in order to pre-warn candidates.

Q. Having advertised my post, I received only one application. This person meets the essential criteria outlined in the person specification but I was hoping to interview a number of candidates in order to measure against them. What should I do?

A. Since your applicant meets the essential criteria, then he/she should be interviewed. Applicants should be measured against the person specification, not other applicants. It is, therefore, perfectly feasible to interview only one applicant.

Q. I am in the process of writing a person specification and would like to include the following criteria:  ÒMust be able to work under pressureÓ and ÒAble to handle stressful situationsÓ.  Can I do this?

A. It is advisable not to include such criteria since these are subjective, difficult to measure and potentially discriminatory. You would be advised to identify the specific skills required, for example, ÒAbility to manage a diverse workload and to work to competing deadlinesÓ or ÒTo deal sensitively with persons who may be upset or difficult.Ó

 

                 

 

 

 

 

 

 

 

 

 

 

 

 

PRESENTATION / INTERVIEW SCORESHEET

 

Panel MemberÉÉÉÉÉÉÉÉÉÉÉÉÉÉÉÉÉÉÉÉÉÉÉÉÉÉ

Candidate:

 

 

Please indicate your assessment of the candidateÕs response to each of the items on the agenda by ticking the appropriate box.  Scores will be allocated as follows:

 

Excellent (5 points), Good (4 points), Adequate (3 points), Poor (2 points), Not addressed (0 points)

 

Criterion

E

G

A

P

N

Comments

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Are there any other relevant comments that you would like to make in respect of the candidates presentation/interview?  What are their main strengths and weaknesses?

Assessing the relevance of criminal records

The suitability for employment of a person with a criminal record will vary, depending on the nature of the job and the details and circumstances of any convictions.  Deciding on the relevance of convictions to specific posts is not an exact science. 
An assessment of an applicantÕs skills, experience and conviction circumstances should be weighed against the risk assessment criteria for the job.  It should be remembered that employing people on the basis of information provided in an application form and a short interview, irrespective of whether they have a criminal record or not, is never risk free.  Staff responsible for recruitment need to identify what risks might be involved and what precautions need putting into place in order to provide satisfactory safeguards.
To facilitate this process, an applicantÕs criminal record should be assessed in relation to the tasks he or she will be required to perform and the circumstances in which the work is to be carried out.  It is recommended that organisations consider the following when deciding on the relevance of offences to particular posts:
á          Does the post involve one-to-one contact with children or other vulnerable groups as employees, customers and clients?
á          What level of supervision will the post holder receive?
á          Does the post involve any direct responsibility for finance or items of value?
á          Does the post involve direct contact with the public?
á          Will the nature of the job present any opportunities for the post holder to re-offend in the place of work?
The answers to such questions should help organisations to determine the relevance of convictions to specific posts.  For example, paedophile, or child pornography offences would almost certainly disqualify any person required to work with children; some violent offences would be relevant to positions involving unsupervised contact with the public; fraud should be considered in relation to posts involving the handling of significant amounts of money; and theft in relation to posts involving the handling of stock.
In some cases, the relationship between the offence and the post will be clear enough for the organisation to decide easily on the suitability of the applicant for the job.  In other cases, the decision may not be so clear-cut.  For short-listed applicants who are assessed as meeting the requirements of the person specification and who then disclose a criminal record that is not related directly to the post, organisations should discuss the relevance of each offence with the applicant.  It should be remembered that no two offences are exactly alike.  For example, a premeditated burglary that involves extensive damage to the property and the physical intimidations of the occupants ought not to be considered in the same light as someone convicted of reaching through an open window and stealing a purse on a whim. 
Whilst it will not be possible to carry out a thorough risk assessment on each individual, it is recommended that the following issues are taken into account as a minimum requirement:
á          The seriousness of the offence and its relevance to the safety of other employees, customers, clients and property
á          The length of time since the offence occurred
á          Any relevant information offered by the applicant about the circumstances which led to the offence being committed, for example, the influence of domestic or financial difficulties
á          Whether the offence was a one-off, or part of a history of offending
á          Whether the applicantÕs circumstances have changed since the offence was committed, making re-offending less likely
á          The country in which the offence was committed; some activities are offences in Scotland and not in England and Wales, and vice versa
á          Whether the offence has since been decriminalised by Parliament
á          The degree of remorse, or otherwise, expressed by the applicant and their motivation to change

CRIMINAL RECORD BUREAU : OFFENCES INFORMATION

 

RECORD OF INVESTIGATORY INTERVIEW

 

Note to interviewer: the questions listed below are intended to be a guide.  The purpose of the interview is to gather as much information as possible and forms part of the investigation.

 

Employee Name:          

Interviewer Name:

 

EmployeeÕs Post:

InterviewerÕs Post:

 

School:

 

 

Date of Interview:

 

 

Place of Interview:

 

 

Other Persons Present:

(interviewee will have had the opportunity to bring a friend or representative to the meeting)

 

 

 

Purpose of Meeting:   Positive Criminal Records check

 

The interview is part of an investigation

 

 

1.

Have you received your copy of the Disclosure Certificate?

 

 

2.

Do you agree that the information on the Disclosure is correct?  If not why?

 

 

 

 

Details about the offences and relevance to the post:

 

3.

When did the offence(s) occur?

 

 

 

4.

Is it / are they spent or unspent?

 

 

 

5.

What penalty was awarded?

 

 

 

 

 

 

 

6.

Was this a one-off, or one of several criminal actions?

 

 

 

 

7.

Can you explain in more detail the circumstances / situation which lead to the offences?

 

 

 

 

 

 

 

 

Mitigating Circumstances:

 

8.

Has there been a change in your circumstances that is relevant to the conviction since the offence? E.g. financial or domestic situation.

 

 

 

 

 

9.

How do you feel about the offence? (Check attitude to offence)

 

 

 

 

 

10.

Any other questions interviewer may wish to ask.

 

 

 

 

 

 

 

Other:

 

11.

Are you subject to any Police Investigation at present?  Can you give further details?

 

 

 

12.

Is there a probation officer assigned to you?

 

 

 

13.

Is there anything else we would need to consider/ you wish to draw to our attention?

 

 

 

 

 

InterviewerÕs signature ÉÉÉÉÉÉÉÉ

IntervieweeÕs signatureÉÉÉÉÉÉÉÉÉ

 

 

 

 

 

 

 

 

 



                This policy was agreed and approved by The TCHA Board of Directors

 

                 on behalf of Tamworth  Cornerstone Housing Association

      

                was reviewed______________________

 

                next review due____________________