10 things you need to know about recruiting new staff

Taking on a new member of staff may feel like walking through a minefield of laws and regulations.

In this blog, I’ve simplified the recruitment process for you by setting out 10 things you need to consider.

Before advertising

  1. Draw-up:
  • a job description which sets out the title and main purpose of the job, the place of the job holder within your business and the main tasks or responsibilities of the post.
  • a person specification which details the experience, know-how and qualifications, skills and abilities necessary for the job in question.

The advert

  1. Draft the advert carefully. Protection from discrimination covers all areas of employment, including job adverts. For example, avoid using language that might imply only someone of a certain age would be suitable (for example, “mature” experienced” or “young”). Make sure you’re aware of the 9 protected characteristics.

The application

  1. Using a standard application form will allow your business to directly compare individual applicants’ answers against the selection criteria more easily and help avoid potential unlawful discrimination claims.

The interview

  1. Think when and where the interview should take place. For example:
  • check whether the interview venue has access for disabled candidates;
  • holding an interview during a religious holiday could discriminate against applicants from that particular religion; or
  • candidates with children may require the interview to be conducted at a particular time.
  1. You should not ask any questions about the candidates’ personal life unless they are directly relevant to the requirements of the job (for example, it is unacceptable to ask a female candidate whether she plans to have children).
  2. It is good practice to provide feedback to unsuccessful candidates if it is requested. A failure to do so could indicate your decision was based on discriminatory grounds.

The offer

  1. Make a written offer to the successful candidate.
  2. You should make the offer conditional on:
  • providing satisfactory references; or
  • confirmation that the employee is allowed to work in the UK.
  1. Before making a job offer, make sure the applicant confirms they are not bound by any restrictive covenants from their previous job; otherwise your business could be sued by their former employer.

The contract

  1. Your business can include a probationary period in the contract. This will enable you to assess the employee and vice versa. It also gives you the flexibility to dismiss someone using a shorter notice period of at least one week.

Need to Speak to an Employment Solicitor?

If you’re considering taking on new staff, feel free to call me for a chat on 01604 601 575.

I can guide you through the process and talk to you about how to apply best practice at every stage of the recruitment process.

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Andrew Crisp is the Principal Solicitor at Mason Bullock Solicitors, where he specialises in employment law and dispute resolution. With over two decades of legal experience, Andrew has built a reputation for his expertise in advising employees on settlement agreements and helping clients navigate complex litigation processes, including the removal of County Court Judgments (CCJs).