Detailed below are a number of areas you should consider when recruiting, this guide provides an overview and does not constitute legal advice.
Employment Agencies Act 2003
We go to great lengths to ensure you provide an excellent service which is in accordance with the law. All agencies are bound by the Employment Agencies Act 2003 (EEA), and our systems, processes and training ensure that by using RK you are using a lawful and ethical agency. The EEA covers many areas of law below are some key areas you should ensure compliance from any supplier of staff.
- Identity of the work-seeker – We meet all candidates before they meet you and check all identity documents and eligibility to work in the UK documentation
- They have the experience, training and qualifications – All our candidates are interviewed and where possible reference checked, in addition to providing proof of qualifications if needed in the role you are recruiting for.
- Willing to the work in the position on offer – We always communicate with candidates before submitting them to your vacancy.
Discrimination during the selection process
It is important to avoid discrimination, even inadvertently, during the recruitment process. This is not only a legal requirement, but also gives you the best chance of getting the right person for the job. Any job applicant – i.e. someone you don’t actually employ – might be able to make an employment tribunal claim against you if they believe you didn’t select them for a job because you discriminated against them unlawfully during the recruitment process.
Under law the following are all protected characteristics; age, disability, race, religion/belief, gender reassignment, sex, marriage and civil partnership, sexual orientation and pregnancy/maternity. We are committed to ensuring that all our staff and applicants for employment are protected from unlawful discrimination in employment so any candidates we shortlist and the CV’s we send will comply with this.
When interviewing people for a job there are certain questions you should not ask as they are irrelevant to the ability of the candidate to perform a role. For example asking if a candidate is married or in a civil partnership, or whether they have plans to have children, is contrary to the Equality Act 2010 which protects interviewees from discrimination. Also, there are restrictions on questions that may be asked about disability or health. If you are aware in advance that a candidate is disabled, then you should ask them if there are any reasonable adjustments you might need to make to enable them to attend and participate in the interview. You are selecting a person for your role for their skill, knowledge and attitude.
You must always be able to justify your decision to recruit a particular person. Therefore, you should document the recruitment process as much as possible. This will help you provide evidence to an employment tribunal if you are faced with a claim of unlawful discrimination.
Checking the right to work in the UK
For any candidate you directly payroll you must be sure that your prospective employee has the right to work in the UK. Your consultant will have already made these checks to ensure there are no surprises at the end of the process however to comply with the law you must see and hold copies of the original documents and retain copies for yourself. For further information please speak to you consultant.