Check them out
Danny Done, Managing director of Portfolio Payroll, provides guidance on the checks that can or must be performed when recruiting new staff
How do you ensure that the people you employ are who they say they are? What cover checks should be made including work permits and compliance rules as well as UK regulations? The checks need to be made before taking on new staff, so what do I need to include?
aking sure you have chosen the correct candidate for the vacant position can be a difficult task. Once you have interviewed, you will find yourself asking questions like: “Will they fit in?” or “Do they have the same forward thinking vision as me?”
M
Getting the right kind of person involves these types of questions but you should not forget the legal obligations you have during the recruitment process – the other type of questions you should be asking yourself to ensure that you do not breach various pieces of law relating to employment and access to work. Therefore, there are several considerations with regard to pre- employment checks. Hefty fines are in place for those who do not comply with legal requirements. Failure to carry out other checks, though not resulting in a financial penalty, could lead to extra time, effort and money being spent when the exercise has to be repeated because the ‘right’ person was not identified the first time around. The law on immigration places an onus on employers to make certain checks on an individual to satisfy themselves that they have the right to work in the UK. It should not be taken for granted that because an individual is in the UK, that they have the right to work here. Employers will be in breach of the legislation if they employ those who are subject to immigration control and have no entitlement to live and work in the UK. It is essential that, in ensuring compliance with the legislation, employers do not discriminate against people because of their race, colour, or ethnic or national origin.
Individuals must be able to provide 42 PayrollProfessional
certain documents to prove their entitlement to work in the UK. The UKBA (UK Border Agency) has issued a list of documents which are acceptable as evidence of eligibility. Some documents may be accepted alone e.g. a passport showing that the holder is a British Citizen; some must be accompanied by another document e.g. a P45 is only permissible as evidence when accompanied by, for example, a full birth certificate issued in the UK which includes the name(s) of at least one of the holder’s parents. Fines can reach £10,000 where an employer has not made the checks required, and employs an illegal worker. During 2014, fines for non-compliance will double.
Criminal records check must also be carried out, where necessary. This checking system is in place to help employers make safer recruitment decisions with regard to criminal convictions and ensure the individual employed is suitable for carrying out the type of work.
Although the legally required checks will inform you that the individual is legally permitted to carry out the work in question, they do not provide any kind of insight into whether that individual is the right person to carry out the role according to your specific needs. Application forms and cover letters will allow you to learn a little more about the person themselves, as will the formal interview process; however, there has yet been no opportunity for you to obtain any perspective on the individual that has not been controlled by themselves.
It is helpful, when attempting to gain an all-round view of an individual, to get external opinions. You can not only use these perspectives to corroborate what the individual has already told you, but also to learn about how the individual actually fares in a workplace environment from those who have first-hand experience of this. Past behaviour can be one of the best indicators of future behaviour and therefore seeking references for a potential new recruit can be invaluable. The individual must provide permission for you to contact their previous employers, and are usually the ones to provide the contact details themselves. Many employers prefer to simply confirm basic employment details such as start and finish dates, job position and salary when providing a reference.
References can help you gain an insight into whether the individual possesses characteristics that are desirable for the job which a qualification cannot ensure. For example, whether the individual has a good ability to communicate or has good organisational skills.
It is possible to make a job offer conditional on receipt of satisfactory references; however, any decision to withdraw an offer as a result of information provided in the reference should be made carefully and preferably with legal advice. As discussed above, some pre- employment checks are required by law and should not be compromised. Others, whilst not obligatory, make for a wise, informed choice on your new team member.
PP
HRfocus
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56