Getting Recruitment Right

Two of the changes to the Employment Rights Act that we know are going to be introduced are that all employment law will become a day one right including:

• Unfair dismissal
• The right to request flexible working.

These changes will mean it is all the more important to make sure you get the right people on board as it will be harder to exit them says Chris Wilkinson from Expert HR Solutions.

A big part of ensuring new team members can perform their duties well and legally, are pre-employment checks. As an employer, choosing who to employ is one of the most important decisions you'll make, particularly for SMEs. The wrong employee can significantly impact the culture, productivity and profitability of the business. Recruitment and selection is an Art Form not a Science says Chris so there is no 100% effective way of guaranteeing success, but one of the best methods available is to use pre-employment checks. In the selection process employers should undertake a thorough examination of the CV particularly checking for gaps in employment and reasons for leaving. These pre employment checks offer employers a way to confirm that the employee has the skills and experience they say they do.

1. What are pre-employment checks?

Pre-employment checks are a series of verifications you perform on someone's employment history, qualifications, references and, crucially, right to work checks. It is going to become essential to make job offers conditional on the employee passing these checks. This gives you the opportunity to legally and fairly back out of the agreement if the job applicant hasn't been entirely honest. Some roles, such as those in regular contact with young or vulnerable people, require DBS Checks to be undertaken, others require proof of qualifications or licence checks.

1.1 Right to work: The one check you can't skip

Pre-employment checks are a hugely important part of employing new staff. However, there is one check that all employers are legally required to complete, regardless of the sector they're in or the person they're employing. This involves checking that the employee has a legal right to work in the UK. In practice, this simply involves asking the employee for some form of proof of identification. For British citizens, a passport or other photo ID should suffice. For international employees, other documents will be needed.

1.2 When should you conduct pre-employment checks?

These checks normally take place once you have interviewed candidates, but not always.

Conducting pre-employment checks before a job offer means that if they do bring up anything negative, you can simply move on to the next candidate. However, it can be expensive vetting several potentials in advance, and you need to be aware that the candidate may not appreciate you doing these checks before the offer is confirmed particularly with their current employer.

Checks are most commonly taken after the offer this means you only have one candidate to vet. It does mean you need to keep one or more of the other candidates ‘warm’ to avoid having to start the interview process from scratch again.

If an employee is dishonest on their CV, there's not much their current employer can do about it. But it's difficult for them to exaggerate job titles or experience on a public platform that their current employer and colleagues can see. For that reason, comparing CVs with public information can be an effective way to spot any issues.

1.3 References: How to collect them & what to ask for

References are a good way to find out whether someone is suitable for the role and will fit with your company culture as it’s hard to know how they will work on a day-to-day basis from just one interview. If you'd like to request a detailed reference ACAS advise you can request the following:

• Employment dates and details
• Details around skills, ability & experience
• How often the employee was off work
• Any disciplinary actions against them
• Information about character, strengths & weaknesses (related to the new role)
• The reason the employee left their previous job.

2. Can I withdraw a job offer after pre-employment checks?

Please remember that both verbal and written offers are legally binding so in BOTH you must state that the offer is subject to satisfactory references and checks. You can withdraw a job offer if your checks reveal something negative, but only if the offer was conditional.