Recruitment and Selection Policy

Table of Contents

1.0 Purpose

1.1 The purpose of this recruitment and selection policy is to ensure:

• safer recruitment practices and procedures are in place to safeguard children and people in our care.

• a professional and consistent approach to recruitment and selection;

• adherence to Clinical Partners' Equality, Diversity and Inclusion Policy and relevant employment legislation including Regulations 12, 18 and 19 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014

• that members of staff are recruited on the basis of their ability;

• that Clinical Partners are able to attract and recruit high calibre staff.

2.0 Scope

2.1 This policy applies to all internal and external applicants for Clinical Partners positions.

3.0 Policy statement

3.1 We want to constantly improve our performance as an organisation. In order to make this a reality, we need to recruit from the widest possible pool of talent.

3.2 Clinical Partners aims to attract and recruit people with diverse backgrounds, skills and abilities, who will enhance the quality of service and contribute to Clinical Partners' success.

3.3 Clinical Partners is committed to providing opportunities for development and career progression to current employees. This means that Clinical Partners will normally advertise vacancies both internally and externally. However, in exceptional circumstances and on rare occasions, there may be a strong business case for making appointments without advertising the opportunity.

3.4 In order to achieve these objectives Clinical Partners will:

• ensure that there is a regular review of the organisation, of job responsibilities and roles of individuals within it. This will be completed through the individual performance review process, when a vacancy arises, and at regular resource planning meetings;

• ensure that we consider the extent to which vacant posts could lend themselves to flexible working (e.g. job sharing) to attract a wider range of candidates;

• endeavour to reach traditionally under-represented groups and ensure that discrimination does not take place at either the attraction or selection stage;

• ensure that, where a vacancy exists, posts are normally advertised externally, unless exceptional circumstances exist;

• ensure that recruitment procedures are regularly updated in line with changes in legislation and best practice;

• ensure that the administration of the selection process is user friendly and carried out to the highest professional standard.

3.5 This policy must be read in conjunction with the reference documents listed above.

4.0 Responsibilities

4.1 The Registered Manager and Head of Human Resources are responsible for the recruitment process.

4.2 They may delegate elements of the role and co-opt other members of the organisation such as the Chief Medical Officer, Head of Triage or other manager to assist with the process.

5.0 Identification of a recruitment need                                                           

5.1 If an established post becomes vacant or a new position of any nature is proposed, the line manager/hiring manager, should advise Human Resources (HR). Approval for recruitment will be sought from the Registered Manager or a Company Director.

5.2 When approval has been granted, consideration should be given to whether the main accountabilities of the role could be satisfactorily met on a part-time or job-sharing basis. 

6.0 Job description and person specification        

6.1 A job description is a key document in the recruitment process and must be finalised prior to taking any further steps in the process. In instances of a new role or material changes to an existing role, HR will support the manager in drafting this document.

6.2 Within the job description, there will be a section dedicated to the person specification, which outlines the essential and desirable criteria (including qualifications, experience, knowledge, skills and expertise required to perform the job). The detail set out in the person specification will provide the criteria against which a candidate can be assessed throughout the recruitment process.

7.0 Advertising the vacancy                   

7.1 Vacancies may be advertised internally. Where exceptional circumstances apply, the Registered Manager or a company director may, in consultation with the head of HR, take a decision not to advertise a role internally. Every effort will be made to explain the reason for the decision to the relevant team as soon as possible after the appointment is confirmed.

7.2 Clinical Partners may use a number of advertising methods such as LinkedIn or Indeed to advertise externally depending on the role.

7.3 Irrespective of the medium used, all advertisements need to be designed and presented effectively to ensure that the widest ranges of high-calibre candidates are attracted.

7.4 Advertisements must be non-discriminatory and include Clinical Partners' diversity statement. In order to provide candidates with sufficient information with which to make their decision about applying for the post, the job description will be available.

8.0 Applications and shortlisting

8.1 Initial applications are by CV. The shortlisting panel must treat applications confidentially and ensure they are assessed consistently against agreed criteria. The panel is also responsible for recording the reasons why candidates are shortlisted or not shortlisted.

8.2 Once initial shortlisting is completed the applicant is sent an application form to complete.

9.0 Interviews and selection

9.1 Once the candidate’s application has been successfully assessed by the HR team, they may be invited to attend an interview with a panel at Clinical Partners as a minimum requirement. Clinical Partners select all candidates for interview based on their skills, qualifications and experience. In some circumstances an interview may be conducted via video link and in such cases, there may be a requirement for candidates to attend a second face to face interview.

9.2 In all cases Clinical Partners will ensure candidates are assessed consistently against the criteria and the reasons for selection and non-selection must be recorded.

10.0 Appointing new employees

10.1 HR will normally make the offer of appointment to the preferred candidate(s). Upon acceptance, HR will liaise with candidates and confirm the appointment once the formalities have been completed. This will include the requirements of The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 and the information required under Schedule 3. (See Appendix A).

This includes:

• evidence of a right to work in the UK

• proof of identity including a recent photograph

• full employment history including an explanation of any gaps in employment

• satisfactory information about any physical and mental health conditions

• evidence of qualifications

• satisfactory evidence of conduct in previous employment

• where required for the role satisfactory evidence as required under the Police Act 1997

10.2 These requirements should be completed before the new employee takes up post. HR must approve any exceptions in advance of formal appointment.

11.0 Induction and probationary period

11.1 All staff will be required to undertake Clinical Partners induction training programme. Appointments are subject to a probationary period of six months with a review at three months. Probation periods may be extended with the agreement of the line manager, the head of HR and the Registered Manager.

12.0 Equal opportunities

12.1 Throughout the whole recruitment process, it is vital to avoid discrimination as this can give rise to a claim for unlimited damages before an employment tribunal. Under employment law an employer must not discriminate on the protected characteristics of age, gender, gender reassignment, pregnancy, marital status or civil partnership, race, colour, ethnic or national origin, nationality, citizenship, disability, sexual orientation, religion, belief or previous convictions (except for posts exempt under the Guidance on the Rehabilitation of Offenders Act 1974 and the Exceptions Order 1975). Clinical Partners will also not discriminate either directly or indirectly, on the grounds of politics, official trade union activity or any grounds that are not justifiable at any stage of the recruitment and selection process or during employment. Please refer to the Equality, Diversity and Inclusion Policy for an explanation of the various types of discrimination. Those carrying out recruitment on behalf of Clinical Partners may be held personally liable for any discriminatory acts committed by them.

12.2 Clinical Partners is not a Registered Body for the processing of DBS applications. It is aware of the code of practice published under section 122 of the Police Act 1997 where it advises that it is a requirement that all registered bodies must treat DBS applicants who have a criminal record fairly and not discriminate automatically because of a conviction or other information revealed. The code also obliges registered bodies to have a written policy on the recruitment of ex-offenders.

12.3 As an organisation assessing applicants’ suitability for some positions which are included in The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 using criminal record checks processed through the Disclosure and Barring Service (DBS), Clinical Partners complies fully with the code of practice and undertakes to treat all applicants for positions fairly.

12.4 Clinical Partners undertakes not to discriminate unfairly against any subject of a criminal record check on the basis of a conviction or other information revealed.

12.5 Clinical Partners can only ask an individual to provide details of convictions and cautions that Clinical Partners are legally entitled to know about. Where a DBS certificate at either standard or enhanced level can legally be requested (where the position is one that is included in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 as amended, and where appropriate Police Act Regulations as amended). Clinical Partners can only ask an individual about convictions and cautions that are not protected.

12.6 An application for a criminal record check is only submitted to DBS after a thorough risk assessment has indicated that one is both proportionate and relevant to the position concerned. For those positions where a criminal record check is identified as necessary, all application forms, job adverts and recruitment briefs will contain a statement that an application for a DBS certificate will be submitted in the event of the individual being offered the position.

12.7 At interview, or in a separate discussion, Clinical Partners ensures that an open and measured discussion takes place on the subject of any offences or other matter that might be relevant to the position declared as part of the recruitment process. Failure to reveal information that is directly relevant to the position sought could lead to withdrawal of an offer of employment.

12.8 Clinical Partners undertakes to discuss any matter revealed on a DBS certificate with the individual seeking the position before withdrawing a conditional offer of employment.

13.0 Data protection/confidentiality         

13.1 Clinical Partners will keep confidential all candidate information gathered through recruitment campaigns and will fulfil the requirements of the relevant legislation, including the Data Protection Act 2018. Data will be destroyed as soon as it is no longer required if an appointment is not made.

14.0 Complaints

14.1 HR will review any complaints made on the grounds of discrimination.

14.2 Complaints from external candidates will be investigated by the Director of HR and the Registered Manager and will be responded to within 28 days. Complaints from internal candidates will normally be processed in the same way.

14.3 Any acts of discrimination and/or abuse of the recruitment process by Clinical Partners employees may be treated as a disciplinary offence, which will be considered under the Disciplinary Procedure and could result in dismissal.

14.4 A candidate complaining of unlawful discrimination during recruitment will have the right to complain to Clinical Partners' Chief People Officer.

15.0 References                                                                              

Regulation 19.—

1. Persons employed for the purposes of carrying on a regulated activity must—

   1. be of good character,

   2. have the qualifications, competence, skills and experience which are necessary for the work to be performed by them, and

   3. be able by reason of their health, after reasonable adjustments are made, of properly performing tasks which are intrinsic to the work for which they are employed.

2. Recruitment procedures must be established and operated effectively to ensure that persons employed meet the conditions in—

   1. paragraph (1), or

   2. in a case to which regulation 5 applies, paragraph (3) of that regulation.

3. The following information must be available in relation to each such person employed—

   1. the information specified in Schedule 3, and

   2. such other information as is required under any enactment to be kept by the registered person in relation to such persons employed.

4. Persons employed must be registered with the relevant professional body where such registration is required by, or under, any enactment in relation to—

   1. the work that the person is to perform, or

   2. the title that the person takes or uses.

5. Where a person employed by the registered person no longer meets the criteria in paragraph (1), the registered person must—

   1. take such action as is necessary and proportionate to ensure that the requirement in that paragraph is complied with, and

   2. if the person is a health care professional, social worker or other professional registered with a health care or social care regulator, inform the regulator in question.

6. Paragraphs (1) and (3) of this regulation do not apply in a case to which regulation 5 applies.

Schedule 3

Information Required in Respect of Persons Employed or Appointed for the Purposes of a Regulated Activity

1. Proof of identity including a recent photograph.

2. Where required for the purposes of an exempted question in accordance with section 113A(2)(b) of the Police Act 1997(1), a copy of a criminal record certificate issued under section 113A of that Act together with, after the appointed day and where applicable, the information mentioned in section 30A(3) of the Safeguarding Vulnerable Groups Act 2006 (provision of barring information on request)(2).

3. Where required for the purposes of an exempted question asked for a prescribed purpose under section 113B(2)(b) of the Police Act 1997, a copy of an enhanced criminal record certificate issued under section 113B of that Act together with, where applicable, suitability information relating to children or vulnerable adults.

4. Satisfactory evidence of conduct in previous employment concerned with the provision of services relating to—

5. health or social care, or

6. children or vulnerable adults.

7. Where a person has been previously employed in a position whose duties involved work with children or vulnerable adults, satisfactory verification, so far as reasonably practicable, of the reason why the person’s employment in that position ended.

8. In so far as it is reasonably practicable to obtain, satisfactory documentary evidence of any qualification relevant to the duties for which the person is employed or appointed to perform.

9. A full employment history, together with a satisfactory written explanation of any gaps in employment.

10. Satisfactory information about any physical or mental health conditions which are relevant to the person’s capability, after reasonable adjustments are made, to properly perform tasks which are intrinsic to their employment or appointment for the purposes of the regulated activity.

For the purposes of this Schedule—

(a)“the appointed day” means the day on which section 30A of the Safeguarding Vulnerable Groups Act 2006 comes into force;

(b)“satisfactory” means satisfactory in the opinion of the Commission;

(c)“suitability information relating to children or vulnerable adults” means the information specified in sections 113BA and 113BB respectively of the Police Act 1997.