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Recruitment and Selection Policy

Document type: Recruitment and Selection Policy

Version: 5

Author (name and designation) Paul Henshaw Head of Employee Resourcing

Ratified by: Workforce Committee

Date ratified: 24th December 2014

Name of responsible committee/individual: Workforce Committee

Name of Executive Lead: Mark Wilkinson – Director of Strategic and Organisational Development

Master Document Controller: Sandra Drysdale

Date uploaded to intranet: 12th January 2015

Review date: December 2017

Equality Impact

Bolton NHS Foundation Trust strives to ensure equality of opportunity for all service users, local people and the workforce. As an employer and a provider of healthcare Bolton NHSFT aims to ensure that none are placed at a disadvantage as a result of its policies and procedures. This document has therefore been equality impact assessed by the [insert name of ratifying Committee] to ensure fairness and consistency for all those covered by it regardless of their individuality. The results are shown in the Equality Impact Assessment (EIA) at appendix 3.

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Version Control Schedule

Version Type of Change Date Revisions from previous issues

V. 5 Minor revisions and update to new Trust format

November 2014 Minor revisions to take into account the new Trust format for Policies

A new section included to clarify the requirement to ensure equal opportunities operate at all levels of recruitment and selection (Section 6.1)

No major operational changes made to the Policy

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Contents

Page

1 Introduction 4

2 Purpose of Policy 4

3 Terminology and Definitions 4

4 Duties and Responsibilities of individuals and groups 5

5 Policy Implementation 7

6 Main Content 7

7 Monitoring and Review 30

8 Appendix 1 - The NHS Constitution – Staff, your responsibilities 31

9 Appendix 2 – The Vacancy 32

10 Appendix 3 – Equality Impact Assessment 33

11 Appendix 4 - Document Control Tracking 34

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1. INTRODUCTION

Recruitment of new staff is one of the most important decisions managers take; therefore the Trust policy on recruitment and selection will provide clear guidance to managers, ensuring that all recruitment is undertaken in a consistent and fair manner and adheres to statutory duties, and NHS regulations and standards relating to recruitment.

2. PURPOSE OF THE DOCUMENT

The policy applies to all managers who are responsible for the recruitment and selection of staff. The policy applies to the recruitment of all staff and includes locums and bank workers. The purpose of the Trust policy on recruitment and selection is to:

Attract, assess and retain a workforce that is professional, appropriately qualified and skilled and with the necessary values to deliver the best possible care to our patients.

Attract and retain a diverse workforce which is representative, throughout the organisational levels and professional groups, of the community it serves.

Allow the Trust to promote itself as a Best Employer, with a particular emphasis on recruitment from the local community and in particular under-represented or disadvantaged groups. This will be balanced with a need to attract staff with the right skills and experience from both the national and international arena.

Ensure that recruitment and selection decisions and processes are efficient, consistent, fair and transparent, with clear responsibilities and timescales, and a commitment to equality of opportunity for all.

Set standards of best practice for recruitment and ensure these are adhered to.

Ensure legislative requirements are met.

Ensure value for money in the recruitment process.

The policy will outline the responsibilities of all parties in the recruitment process, and will clarify the Trusts position in regards to the most appropriate and effective recruitment methods; however, to ensure managers receive the most effective support whilst recruiting the Trust has introduced the ‘Recruitment Handbook’, which should be read in conjunction with the Recruitment and Selection policy. The Recruitment Handbook can be found on the Trusts intranet site and provides step by step guidance to the recruitment process. The Trust will also provide Recruitment and Selection training on a quarterly basis, and it is recommended that recruiting managers undertake this training.

3. TERMINOLOGY AND DEFINITIONS

All terminology is explained fully in the relevant sections of the Policy.

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4. DUTIES AND RESPONSIBILITIES OF INDIVIDUALS AND GROUPS

The Director of Strategic and Organisational Development has Board level responsibility to ensure that robust systems are in place to ensure compliance with this policy and all relevant legislation and guidance. Divisional Directors of Operations, Heads of Division, Directorate Managers and Senior Managers within functional Divisions/Directorates are responsible for ensuring all staff are aware of the Recruitment and Selection policy and are applying it consistently within their own areas. Each Recruiting Manager is responsible for applying the Recruitment and Selection policy within legal and regulatory guidelines and recruitment best practice. Specifically they are responsible for:

Working with the Employee Service Centre (ESC) Officer to manage the recruitment process as efficiently as possible.

Starting the recruitment process as soon as someone resigns to reduce the length of time that the service is operating on reduced staffing.

Reviewing the job role that is to become vacant to see how best it can be filled, taking into account the workforce plan for the department / directorate / division.

Reviewing or developing the job description, person specification and advert for the vacant / new post, ensuring that each complies with employment legislation, the NHS Constitution and professional regulations.

Ensuring that all appropriate authorisation is obtained for the post prior to sending to the Employee Service Centre.

Sending electronic copies of the job description, person specification and advert to the ESC officer.

Arranging the assessment / interview process and, to ensure equality during selection, ensuring that no decisions from the recruitment process are taken by a single individual – short listing, interviewing and assessing candidates should always be done by more than one person.

Short-list all applications consistently, and on the basis of ‘essential’ criteria taken from the Person Specification.

At the interview:

Agree, as an interview panel, a list of questions to examine candidate suitability for the role.

Question any gaps in employment with interviewees.

Ensure that the named referees are from their current / previous line manager – check contact details and request e-mail addresses if not provided.

Check contact number for all interviewees so they can be informed of recruitment decisions.

Keep fact based notes of all candidates interviewed.

After the interview, and having made a decision as to who to appoint:

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Contact the successful interviewee(s) and make a verbal offer of employment, subject to all the necessary pre-employment checks.

Contact all unsuccessful interviewees to notify then verbally of decisions and give then feedback.

Return the interview pack with interview notes and a completed appointment checklist to the ESC officer.

Check and approve the references received for each individual, and return this approval to the ESC officer.

Attending recruitment and selection training provided by the Employee Service Centre (at least every three years) to ensure they are aware of the process, changing best practice and new legislation.

The Employee Service Centre (ESC) is the centralised function within the Workforce Directorate that administers and co-ordinates all recruitment activity. In particular, their responsibilities are to:

Advertise vacancies, as instructed by the Recruiting Manager.

Establish clear communication with the Recruiting Manager; making suggestions as to the most appropriate courses if action and keeping them aware of progress with the vacancy on a regular basis.

Select appropriate filtering questions (which are used to remove applications which do not meet the ‘essential’ criteria outlined in the person specification relating to the vacancy) for the role being advertised.

Send the Recruiting Manager applicant details to allow them to shortlist for the vacancy.

Communicate with candidates, advising them of interview dates and times.

Advise the recruiting manager of confirmed interview attendances.

Produce all documentation relating to the interview (the ‘interview pack’) to all interview panel members.

Write to successful candidates making a provisional offer of employment.

Perform all necessary pre-employment checks for successful candidates.

Send references to recruiting manager for approval.

Liaise with recruiting manager to arrange a start date for candidates who have been cleared to commence.

Produce all contract documentation for successful candidates.

Provide advice and guidance to managers in relation to hard to fill vacancies.

Ensure all paperwork relating to advertised vacancies are filed appropriately in accordance with the Data Protection Act.

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The Human Resources Business Managers and Human Resources Advisors are responsible for:

Providing advice and guidance to vacancy holders on all aspects of recruitment and selection including advice on employment legislation.

The checking of all advertisements, Job Descriptions and Person Specifications prior to advertising; ensuring that this documentation is non-discriminatory and complies with legislation.

Provide advice and guidance to managers in relation to hard to fill vacancies.

The Workplace Health and Wellbeing Department are responsible for:

All pre-employment health screening.

Providing advice and guidance with regards to candidate suitability to undertake the duties required in their role.

Providing guidance to managers in relation to any necessary adjustments to working practices.

5. POLICY IMPLEMENTATION

The Trust Workforce Committee is responsible for this Policy and its use throughout the Trust.

6. MAIN CONTENT

6.1 Equal opportunities in Employment

This policy sets out the main principles and responsibilities for ensuring equal opportunities exist for every member of staff across all aspects of employment. The Trust respects and values the diversity of our patients, relatives, carers, visitors and staff. We believe that in order to deliver our main aims of each individual must be able to contribute to the full extent of their skills and abilities and achieve their potential, regardless of their gender, age, marital status, sexual orientation, colour, race, nationality, ethnic or national origins, religious beliefs, disability, caring responsibilities, flexible working arrangements or Trade Union membership or non-membership.

The Trust will ensure that the following core principles are adhered to in relation to recruitment and selection:-

We will commit to creating a productive, safe and prejudice free work environment which treats all employees fairly and with respect.

We will treat staff solely on the basis of their merits, abilities and future potential appropriate to the opportunity when considering selection for job roles, and career development.

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The Trust understands that equal opportunities does not mean treating everyone the same and that this may involve ‘positive action’ being taken by the Trust to enable under-represented members of our communities to access opportunities on an equal footing.

The Trust believes that discrimination in any part is unacceptable and will not be tolerated. Any allegations of discrimination will be dealt with under the Trust Disciplinary Policy, Grievance Procedure or Dignity and Respect at Work Policy as appropriate.

The Trust is committed to reviewing all its employment policies and procedures to ensure that they are free of direct or indirect discrimination, harassment or victimisation.

6.2 Legal Considerations – Key Legislation affecting Recruitment

Much of the legislation that exists in relation to recruitment practice is in place to ensure the elimination of discrimination and the provision of equality of opportunity. The main areas of legislation recruiting managers need to be aware of are:

Equality Act 2010

The Equality Act was introduced to simplify the various laws in place within the United Kingdom which existed to protect individuals from discrimination on the grounds of race, sex, sexual orientation, disability, religion or belief, disability, being a transsexual person, having a baby or being pregnant, being married or in a civil partnership, and age. The Act puts all those laws into one piece of legislation. The Trust will ensure that all recruitment is undertaken fairly, consistently and equally, to ensure that applicants and candidates are not discriminated against at any time.

Data Protection Act 1998 / Freedom of Information Act 2000

These two Acts in relation to the use of and access to information impact on the recruitment process. They do not prevent an employer from carrying out an effective recruitment exercise but help to strike a balance between the employer's needs and the applicant's right to respect for his or her private life. When recruiting staff, consideration must be given to the provisions of the Act at each stage of the process. The main points are:

Any information provided by applicants must be used in a consistent manner.

Both the advertisement and the Application Forms must inform applicants to whom they are providing their information. They must also state for what purpose the information will be used;

Applicants should be advised of any checks which might be undertaken to verify the details they have given in their Application Form; and

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Any notes taken at any stage must be relevant to the recruitment process and should be factual (rather than opinion based).

Both Acts give individuals the right to see most types of data held on them. Applicants can request to see the information gathered on them as part of the recruitment process, for example any notes taken during their interview and their scores at any stage of the process. They may also be entitled to see the results of any pre-employment checks such as references provided by previous employers. Applicants should be informed that the information will be kept on them for twelve months if they are unsuccessful. Papers of successful applicants will be kept for the duration of their appointment and at least seven years after their termination of employment.

Immigration, Asylum and Nationality Act 2006

This Act makes it a criminal offence for employers to knowingly employ illegal migrant workers and places a continuing responsibility for employers of migrant workers to check their on-going entitlement to work in the UK.

Rehabilitation of Offenders Act 1974 and Police Act 1997

The Rehabilitation of Offenders Act provides for anyone who has been convicted of a criminal offence, and has been sentenced to less than two and a half years in prison, to be regarded as rehabilitated after a specified period with no further convictions. After this period of time, the conviction is considered ‘spent’. However, job roles in the NHS are exempt from this approach under the Police Act 1997 and all convictions, whether considered spent or unspent, are notified to the employer via the Disclosure and Barring Service (DBS).

Safeguarding Vulnerable Groups Act (amended by Protection of Freedoms Act 2012)

This act clarifies the work activities which constitute access to vulnerable groups.

The NHS Constitution

Although not legislation - The NHS Constitution states a number of values and staff responsibilities which set out both legal duties and expected behaviour. Appendix 1 provides further details on these, and outlines how the Trust should build the Constitution into its recruitment policy.

6.3 Positive Action

The term 'Positive Action' refers to a number of methods designed to counteract the effects of past discrimination, help abolish stereotyping and improve the representation of the workforce where monitoring has shown a particular group to be under-represented. Action can be taken to encourage people from particular groups to take advantage of opportunities for work and training. Positive Action aims to emphasise that applications are particularly welcome from people from under-represented groups.

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Although they are not legally required, positive action measures are allowed by the law to encourage employees and potential employees who are members of particular groups which are under-represented in particular types of work. Provision of additional information, support and training to people from under-represented groups is lawful although final selection for work must always be based on merit. Examples of positive action that could be utilised by the Trust are:

Job advertisements designed to reach members of under-represented groups and to encourage their applications through the use of publicity material targeting particular groups.

Use of job centres, careers services and community groups in areas where under-represented groups are concentrated.

Recruitment and training schemes for school leavers designed to reach members of these younger aged groups.

Encouragement to employees from under-represented groups to apply for promotion or transfer opportunities.

Training for promotion or skill training for employees of under-represented groups who lack particular expertise but show potential.

Positive Action is often confused with positive discrimination. Positive discrimination, which would mean employing someone purely because they come from an under-represented group in spite of whether they have the relevant skills and qualifications, is unlawful.

6.4 Recruitment and Selection Principles

The Trust will ensure that equality of opportunity in recruitment practice is a fundamental principle, which is adhered to at all times. The desired outcome behind any recruitment process is to appoint the most suitable candidate for the job in respect of skills, knowledge, experience and attitude. Specific principles to support equality of opportunity in recruitment are:

All new job roles, replacement job roles and acting up arrangements (lasting any longer than one month) should be advertised either internally or externally as the role / labour market requires.

Unless there is a rare case of a job being covered by a Genuine Occupational Qualification (i.e. the job can only be performed by someone of a specific gender or race), all jobs will be open to any applicant who meets the ‘essential’ requirements of the person specification.

Adverts, job descriptions and person specifications should be written in such a way that discrimination cannot be inferred – recruiting managers need to think carefully about the language used and should only describe the skills and abilities required to do the job.

Short listing and interviewing should always be done by more than one person and notes regarding the suitability / non-suitability of candidates should be made and retained.

It is recommended that at least one member of the interview panel must have attended the Trust recruitment and selection training and this person should act as the chair of the recruitment panel.

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All questions asked of candidates, either at the formal interview or any informal contacts made prior to the interview, should be relevant to the job and no questions should be asked or assumptions made about a person’s personal circumstances or plans.

Decisions about pay points should be made in line with national terms and conditions and the Agenda For Change starting salary framework (available on the Trust intranet pages) to ensure consistency of approach across different groups.

The Trust commitment to equal opportunities will be included in all recruitment literature.

All information gathered through the application form’s equal opportunities monitoring section, will only be used by the Workforce Directorate for workforce monitoring purposes. This information will never be shared with the recruiting manager or members of the recruiting panel.

Any employee who feels they have been disadvantaged or discriminated against during the recruitment process will be allowed to raise their concerns using the Trust Grievance Procedure.

Any individual who is not employed by the Trust but who feels they have been disadvantaged or discriminated against during a recruitment process should, in the first instance, write to the Head of Employee Resourcing detailing the nature of the complaint.

Any concerns identified about the suitability of an applicant at the pre-employment stage should be discussed with the Employee Service Centre or Divisional HR team as appropriate.

6.4.1 Disability Symbol

The Trust is committed to the employment and career development of disabled people. To demonstrate our commitment we use the Disability Symbol. As a symbol user, we have made a firm commitment to interview individuals if:

They meet the minimum ‘essential’ criteria for the vacancy; and

They have, or have had in the past, a disability or long term health condition which has (or had) a substantial disadvantage on their day to day living, and

The disability is likely to last at least 12 months.

Recruiting managers will not be made aware of any applicants personal details, including candidate disabilities at the shortlisting stage, as shortlisting should only be made on the basis of the applicants skills and abilities. If a shortlisted candidate requires a reasonable adjustment to allow them to attend the interview or undertake interview testing then the Trust will ensure these adjustments are made. Our aim is that we should treat people as individuals and make adjustments accordingly. As part of our commitment to managing diversity, we should be tailoring adjustments to meet individual requirements. In all cases the individual will be asked what they need. Reasonable adjustments can be made at any stage in the recruitment process.

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6.4.2 Employment of Temporary Staff / Fixed Term Workers

The Trust does not support the regular practice of employing staff on temporary contracts and actively discourages the use of temporary contracts where a substantive vacancy arises. Short-term temporary staff requirements should, where possible be met by the use of those registered on the Trust Bank. All temporary staff will be given a Fixed Term Contract of Employment. The Contract must state the reason for the temporary appointment, e.g. ‘Maternity Leave cover for ….’ And a specific expiry date of the Contract.

6.4.3 Legal Requirements for Temporary Staff / Fixed Term Workers

On 1st October 2002 (updated in April 2012) regulations came into force to prevent Fixed Term workers from being treated less favourably than similar permanent employees and limit the use of successive fixed term contracts together with improving access to permanent jobs for fixed term workers. Fixed Term workers now have the same rights as permanent employees when employed for 12 months or more. When a Fixed Term contract terminates and is not renewed the employee is dismissed. Employers are required to ensure that temporary workers are given notice that their contract will end, regardless of the fact that the contract end date is included in the contract of employment. To comply with the law:

a) Employers should not treat Fixed Term employees less favourably than comparable permanent employees unless:

The treatment is for a reason other than the employee being employed on a Fixed Term basis or, the treatment is justified on objective grounds

b) Successive Fixed Term Contracts

The use of successive fixed term contracts is limited to a maximum of 4 years, unless their use for a longer period is objectively justified or a collective or workplace agreement has been agreed otherwise. If a fixed term contract is renewed in breach of the limitation, i.e., in excess of 4 years, the term of the contract limiting it to a fixed term will become invalid and will be regarded as a permanent one. Temporary workers are entitled to statutory redundancy payments after 2 years in the same temporary post.

c) Extensions to Contracts for Temporary staff

If the fixed term contract is to be extended (see above for successive fixed term contracts) a relevant Establishment Change Form should be completed by the manager and be signed off by the Directorate/Divisional Finance Manager to confirm available funding. This should give full details of the period of extension, the expiry date and the reasons for it.

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d) Applications for Permanent Posts

The regulations as above have the effect that employers must give their fixed term employees the same opportunities to secure permanent vacancies as their permanent employees. Within the Trust all temporary/fixed term employees have the same access to available vacancies as permanent staff from the commencement of their fixed term contract. Managers may choose to ‘slot in’ a temporary member of staff after 12 months if the job becomes permanently vacant, provided that they have been recruited in accordance with the recruitment procedures as detailed within this policy.

6.4.4 Trust Bank and Bank Workers

A Trust Bank is a register of workers who are available to work on a casual basis. There is no obligation on the part of the Trust to provide such work or where work is offered, to be accepted by the worker. Bank Workers will not be entitled to apply for Trust vacancies marked as being open to internal applicants only, unless the Trust determines there is a business need to allow such applications. This decision will be made on an individual basis for each vacancy.

6.4.5 Agency Workers

An Agency worker is any person provided to work for the Trust by an outside Agency/Contractor to carry out work within the Trust. Agency workers are not employed by the Trust but by the Agency/Contractor. Agency workers should only be used for short term requirements. The Agency Worker Regulations introduced in October 2011 give agency workers the entitlement to the same or no less favourable treatment for basic employment and working conditions, if they complete a qualifying period of 12 weeks in a particular job. Due to severe financial pressures in recent years the Trust will make every attempt to limit the use of agency staff for all disciplines due to the high costs involved. All agency workers employed by the Trust will be subject to the pre-employment checks outlined in the pre-employment checks section of this policy, and these checks will be the responsibility of the employing agency. The Trust will reserve the right to ask agencies to provide details of checks undertaken (such as Criminal Records, Professional Registration, and Right to Work checks for example) as we see fit. Agency workers will not be permitted to apply for any Trust vacancies advertised as being open to internal candidates only.

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6.4.6 Procurement Service Framework Agreements

During recent years and following a number of national Procurement Framework Agreements have been negotiated for provision of Agency workers. The agreements relate to particular groups of staff (such as Nursing, Allied Health Professionals, Senior Managers etc). For each group of staff the Contract is awarded to several agencies and it is for each Trust to decide which agencies they will use as their preferred providers. All NHS bodies can now order temporary staff from these agencies. However this should remain a last resort and be fully authorised by the Divisional Director of Operations/Directorate Manager. Details of all the approved agencies under the separate contracts (as above) are available from the Trusts Procurement Department. The aim of the National Agreements are that Trusts will be able to benefit from competitive pay and commission rates, be assured of vetted and verified quality procedures for all agencies, and that the agencies will be independently monitored. Therefore the Trust will ensure that framework approved agencies are used for the provision of agency workers.

6.5 Vacancies

6.5.1 Identification of the Vacancy

Prior to determining the need to fill a vacancy Trust managers are encouraged to consider the options available to them. These can include:

Transferring the work or no longer doing that work at all.

Re-organisation of existing resources.

Secondment.

Job sharing.

Increasing hours of existing staff.

Acting up (defined as ‘temporary movement into a higher grade’ by the Agenda for Change Terms and Conditions of service) of existing staff.

Appendix 2 details a flowchart that outlines the options available and it is recommended that managers refer to the flowchart before making a decision. Further advice can be sought from the Employee Service Centre or from the relevant HR Business teams.

6.5.2 Vacancy Control

The Trust reserves the right to introduce specific vacancy controls as required. Recruiting Managers are advised to ascertain if any such controls are in place by searching the Trusts intranet site for ‘vacancy control’, or by contacting the Employee Service Centre.

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6.5.3 Filling of the vacancy

Recruiting Managers should begin to consider how to fill their vacancy as soon as they receive a resignation notification from an existing member of staff. This will minimise delays to the filling of that post – commencement of the recruitment process does not have to wait until an existing member of staff has left the employment of the Trust. Once the need to fill the vacancy has been determined there are a number of different ways the post can be filled. These options are designed to make the recruitment process as straightforward as possible and should be considered in order.

A. Re-deployment of staff – organisational change or disability

The Trust is committed to its duty of care towards all staff especially those who are deemed to require redeployment due to organisational change or disability. Details of such staff will be held within the Workforce Directorate on an electronic register. Before a vacancy is advertised, staff whose details have been placed on the register must be considered before any other applicant and not in competition with them. The relevant Divisional/Directorate HR Business Manager or Advisor will discuss this with recruiting managers when an advertising request is received. Where staff on the register meet the minimum requirements of a vacant post, they should be appointed to that post.

B. Internal candidates

To facilitate retention of the Trusts skilled workforce, maximise developmental opportunities, allow for career progression and comply with equal opportunities; internal candidates, including those with temporary or fixed term contracts should be considered before external recruits. Where a vacancy holder considers it more appropriate to advertise externally in the first instance (e.g. to fill a specialised post, or to fill a post where there has previous recruitment difficulties) they must discuss this with the Head of Employee Resourcing. Internal only vacancies must be advertised on the NHS Jobs website, and will clearly be marked as being open to Trust employees only. There are two exceptions which can be considered:- i). Where a vacancy has been filled by a temporary member of staff for a period of 12 months or more (e.g. on a short term contract, secondment or ‘Acting up’ basis) and that vacancy becomes permanent, then that individual may move into the vacancy without the need for the post to be advertised. However, if managers feel that they wish to open the vacancy to all internal applicants they can do so. Where there are more than one temporary staff members covering the vacancy the recruiting manager should conduct a limited recruitment and selection exercise between those particular members of staff. ii). Where a vacant post is deemed to be sufficiently specialised to only be undertaken by staff members in the same team or department recruiting managers may consider the use of an ‘expressions of interest’ exercise. Managers should ensure that all relevant staff members are notified of the vacancy and are given details of the job description and person specification for that role. It is advised that this is done by e-mail, and also notified on departmental bulletins and notice boards. Interested parties should be advised to submit a written letter of interest outlining how well they meet the essential and desirable elements of the person specification for the vacancy, and should also be given a closing date for expressions. Once all expressions are received managers should shortlist and

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conduct interviews for shortlisted candidates. It is recommended that managers discuss the use of expressions of interest exercises with the Head of Employee Resourcing before they begin the process.

C. Re-instatements

After consideration has been given to any internal applicant and before considering conducting an external recruitment exercise, managers may consider speculative applications from former employees if those employees worked in the same job at the same band and had left the Trust in the previous 12 months.

D. Employment Waiting List

The Employment Waiting List contains details of previously interviewed candidates who have been deemed appointable but have not been successful over the previous six months. The Employee Service Centre holds this list and it is recommended that managers consider the list before going out to external advert. Candidates on the list must have been interviewed for a role in the same job family and band of the vacancy to be considered.

E. External Advertisement

Once all the previously outlined options have been considered managers should request that their vacancies are advertised externally.

6.5.4 Advertising Principles

All vacancies, with the exception of ‘expression of interest’ exercises outlined above, will be advertised using the NHS Jobs website; candidates will be required to apply for these vacancies using the NHS Jobs system, no paper applications from candidates will be accepted. Internal vacancies will be clearly marked as being open to Trust employees only. Jobs should normally be advertised for a minimum of two weeks, and for senior appointments it is recommended that this is extended. Consultant vacancies will be advertised for a minimum of three weeks. Posts which may be suitable for non-EEA (European Economic Area) applicants must be advertised for a longer period – the Employee Service Centre will advise managers of this requirement as required on a case-by-case basis. Managers should refer to the Recruitment Handbook, which contains a step by step guide with regards to the process that should be followed to advertise a vacancy. If any specific NHS ‘Clearing House’ arrangements are in operation then these must be adhered to. The Employee Service Centre will discuss these arrangements with Recruiting Managers.

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6.5.5 Job Centre Plus

All vacancies advertised through NHS Jobs are automatically passed to Job Centre Plus, who will promote these vacancies using their own channels.

6.5.6 Job Description and Person Specification

Managers should ensure that the Job Description and Person Specification for the role being advertised have been reviewed and updated prior to advertisement. If major changes are made then these changes must be discussed with the relevant HR Business Manager or HR Advisor prior to advertisement, as these changes may necessitate the role being re-evaluated in line with Agenda for Change banding guidelines. For Consultant appointments it is recommended that approval of the Job Description and Person Specification is sought from the relevant Royal College prior to the role being advertised. This approval will be sought by the Clinical Lead for the specific specialty.

6.5.7 The Advert

Recruiting managers will be required to provide an advertisement for the role they are recruiting into. Full guidance and advice on constructing advertisements can be found in the Trusts Recruitment Handbook. No discriminatory statements should be included in advertisements, and the HR Advisor for each specific area will be required to check all advertisements received to ensure that these statements are not present prior to the advertisement being placed.

6.5.8 Use of external publications

Recruiting managers may request that vacancies are advertised in external publications such as journals or newspapers. The Employee Service Centre will provide quotations for the cost of placing these advertisements and will forward these to the recruiting managers for approval. If recruiting managers decide to proceed then all costs relating to external publications will be bourn from the budget of the recruiting department. Managers are advised to consider the use of NHS Jobs only in the first instance, as it has proven to be an effective tool for recruitment. All substantive Consultant vacancies must be advertised externally in the British Medical Journal.

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6.6 Selection, Interview and Assessment

6.6.1 Selection panel

Prior to the commencement of a recruitment exercise it is recommended that recruiting managers arrange the selection panel. To ensure equality there should always be more than one person responsible for shortlisting and interview, and the Trust recommends a three person panel consisting of:

The appointing Manager, who will be chair of the panel.

Team Supervisor or Leader.

Team member or a user of the service or department recruiting.

The inclusion of service users is encouraged, however the Trust does reserve the right to have the final decision in regards to recruiting its own workforce. The three person panel may be extended for more senior appointments.

6.6.2 Consultant appointments

Selection panels for substantive Consultant appointments are required to consist of:

FT Governor

Chief Executive (or Executive Director if the CEO cannot attend)

Medical Director (or Head of Division if the MD cannot attend)

Royal College Assessor – although not essential, Royal College Assessor presence is desirable – if a Royal College Assessor cannot be secured then another Consultant from the recruiting specialty must be included on the panel

Clinical Lead or a Consultant from relevant specialty

A second Consultant from the specialty is an option if subspecialty issues need covering

As the Trust is a Foundation Trust there is no specific requirement to have a Royal College Assessor on the selection panel – however it is recognised that these assessors bring further consistency to the selection process and therefore best practice would be to include these if possible.

6.6.3 Role of the chair

Each recruitment process will have a designated chair who will assume overall responsibility for the exercise, and who will act as a point of contact for the Employee Service Centre. The chair will be responsible for agreeing and setting standards and ensuring that equality and consistency is applied throughout the selection stage, therefore it is strongly recommended that the chair has undertaken the Trusts Recruitment and Selection training.

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6.6.4 Shortlisting Stage

Selection at all stages must be fair and objective. Shortlisting must be carried out by at least two people and it is recommended that all panel members shortlist if possible. This can be done as a single exercise with all panel members present, however the Trust does recognise that this is difficult in a busy NHS service and will therefore arrange for all panel members to be able to shortlist independently if required. Panel members should shortlist using pre-agreed criteria which have been based on the ‘essential’ components of the person specification; managers can also use the ‘desirable’ components to further reduce a large field of applicants. Further guidance on shortlisting can be found in the Trusts Recruitment Handbook. Normally, the selection panel will interview five candidates to one vacant post, however there is discretion to change this criteria if the panel feels it has sufficient grounds to do so (for example if there are a large number of/not five suitable candidates).

6.6.5 Disabled people at application and shortlisting stage

All applicants personal details will be removed by the Employee Service Centre before the selection panel shortlists applications, as shortlisting should be done on the basis of skills, knowledge and qualifications only. If an applicant, who has declared a disability, meets the minimum criteria at shortlisting stage then they should progress to the next stage of the interview process.

6.6.6 Selection Stage – Testing

Used in conjunction with application forms and interviews, assessment exercises and tests help to ensure that the Trust selects the most appropriate applicants for the vacancy. Using selection tests enables applicants to demonstrate their skills and competencies through a variety of means, and this is therefore a far more effective selection tool when used in line with traditional interviews. Selection tests may be considered appropriate for posts requiring specific skills such as IT, keyboard or shorthand for example; testing may also be based on work required in the role, such as dealing with telephone enquiries or in-tray exercises. All selection tests should always be based on the person specification for the vacant role and it is essential that instructions given to applicants are exactly the same every time the test is administered. The Employee Service Centre will hold a number of selection tests which will be available for selection panels to utilise.

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6.6.7 Senior Posts

Recruiting managers may consider the use of psychometric testing for candidates to senior positions. Psychometric tests can only be administered by trained assessors and due to the resource implications managers must seek advice from their Divisional HR Business Manager prior to the advertising stage of the exercise if they require the use of this kind of assessment.

6.6.8 Use of Assessment Centres

The Trust will utilise Assessment Centres practices as part of the recruitment process for all senior positions (‘senior positions’ are defined as all substantive Consultant posts, any posts at Agenda for Change Band 8a and above, and any Very Senior Manager or Director positions). Assessment Centres use a variety of methods to assess candidate suitability for the vacant role, based on the competencies required to undertake that role. These methods may include tests, interviews, presentations, group work and psychometric testing. Studies have shown that assessment centres provide the most effective recruitment outcomes - however, as assessment is undertaken by a number of trained assessors, assessment centres require a considerable amount of organisation and resourcing to be successful. Recruiting managers who wish to use assessment centres in their recruitment should initially discuss this with their Divisional HR Business Manager.

6.6.9 Selection stage – Interview

Interviews must be carried out with all selection panel members present. Further guidance on interviewing can be found in the Recruitment Handbook.

6.6.10 Disabled people at the Testing and Interview stage

Applicants will be asked by the Employee Service Centre if they have any special requirements for the interview or testing. If they do the Trust will ensure that any reasonable adjustments are made.

6.7 Interview Expenses

The Trust will re-imburse interview expenses to candidates who travel to interview from outside the Greater Manchester and Lancashire counties. All mileage will be paid at public transport rate (defined in the Agenda for Change conditions of service), and all train fares will be capped at Standard fares. No re-imbursement will be made for taxi fares, overnight accommodation or subsistence. Candidates who are travelling a long distance to interview should be given the option to have their interview scheduled for a time of day that does not require them to stay overnight to attend the interview.

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6.8 Pre-employment Checks

The Trust will ensure that all successful applicants and volunteers (including clinical attachments, clinical apprenticeships, honorary appointments and research and development students) are subject to full and rigorous pre-employment checks in line with Statutory, NHSLA, CQC and NHS Employment Check Standards requirements. It will be the responsibility of the Employee Service Centre to undertake these checks, and the responsibility of the successful candidate to provide all requested documentation. Failure of the candidate to provide this information will result in a delay to the commencement of employment with the Trust, and may result in the offer of employment being withdrawn. All offers of employment made at the pre-employment checking stage should be made subject to the satisfactory completion of those checks. All checks will be recorded and evidenced in the personnel file for the candidate by the Employee Service Centre: all checks undertaken will be signed off by the Employee Service Centre Team Leaders. 6.8.1 Withdrawal of an offer of Employment If any of the pre-employment checks are deemed unsatisfactory to the Trust, then the conditional offer of a post may be withdrawn. This offer will be withdrawn by the Recruiting Manager following full discussion with the Head of Employee Resourcing/HR Business Manager. This must also be confirmed in writing. 6.8.2 Concerns regarding pre-employment check information Checks may return information that contradicts the details provided by the applicant and raises concerns. In this situation the recruiting manager, in conjunction with the HR Business Manager, should:-

proceed in a sensitive manner – there is often a reasonable explanation for apparent inconsistencies.

attempt to address the concerns directly with the candidate – the manager may wish to call them back for a second interview so that they can follow up with the relevant sources.

In exceptional circumstances, where the checks reveal substantial misdirection, the Trust may feel it would be appropriate to report concerns to the Local Anti- Fraud Specialist or the local police. If the Trust uncovers any incident where false or misleading information has been provided by an applicant, the Trust will contact the Local Anti- Fraud Specialist.

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6.8.3 NHS Employment Check Standards The NHS introduced six mandatory ‘Employment Check Standards’ in March 2008, which incorporate legal responsibilities, and these are regularly updated to comply with legislation. The Trust will ensure that those standards are adhered to as follows:-

A. Verification of Identity Checks

Verification of identity checks are designed to determine that an individuals identity is genuine and relates to that person, and to establish that the individual owns and is rightfully using that identity. The Employee Service Centre will request that candidates produce, in person, evidence of:

1. Attributed identity – which is defined as evidence of a persons identity that they are given at birth, such as name, place of birth, parents names and addresses.

2. Biographical identity – which is defined as a persons personal history, including registration of birth and interactions with banks and utility providers.

Therefore the Employee Service Centre will require either:

1. Two forms of photographic personal information and one document confirming their address, or.

2. One form of photographic identification and two documents confirming their address.

The Employee Service Centre will ensure that all documents provided are appropriate and genuine. No employees will be permitted to begin employment until their identity is satisfactorily verified.

B. Right to Work Checks

The Asylum and Nationality Act (2006) makes it a criminal offence for employers to knowingly employ illegal migrant workers, and places a continuing responsibility of employers of migrant workers to check their ongoing entitlement to work in the UK. Employers face large civil penalties for each illegal worker, and therefore the Employee Service Centre will ensure that all prospective employees are subject to full checks relating to their right to work in the UK. These checks will consist of a request to produce documents, the validation of documents provided, and the storing of those documents. Failure of a candidate to provide suitable evidence of a right to work in the UK will result in the offer of employment being withdrawn. There are a number of different groups to consider: Nationals from within the EEA, Switzerland and Accession States: Individuals from within the European Economic Area (EEA) and Switzerland can enter and work in the UK without any restrictions. The Employee Service Centre will ensure that documents are provided which confirm the identity of these individuals, acceptable documents include Passports, Residence permits, Residence cards and Birth Certificates.

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Nationals from Bulgaria and Romania:

Nationals from Bulgaria and Romania, who joined the EEA in January 2007, and who were previously required to comply with transitional rules governing their ability to work in the UK – were allowed to work without restriction in the UK with effect from 31st December 2013. Right to Work – Other Nationals: Individuals from outside the EEA will be subject to the rules of the ‘Points Based Immigration System’ which was introduced in the UK in 2008. The new system has introduced various ‘tiers’ and the Trust holds a licence from the United Kingdom Border Agency (UKBA) to ‘sponsor’ individuals under Tier 2 of that system. Tier 2: Individuals who wish to work under a Tier 2 licence are required to be ‘sponsored’ by their employer. The Trust is an accredited sponsor for Tier 2 workers, and must ensure that all applications for sponsorship are subject to a points based assessment which will be undertaken by the Employee Service Centre. The assessment will include the following checks:

That the vacancy appears on the ‘Shortage Occupation list’ (which is a list maintained by the UKBA, showing which jobs roles in the UK are difficult to recruit into); or if not the Trust must demonstrate that it has been unable to recruit a worker from the UK to perform that role – and that the position was advertised in line with the minimum requirements defined by the UKBA. The Trust must also give credible reasons why they did not appoint a suitably qualified resident worker.

The role is at a sufficient skill level (normally based on a defined S/NVQ level) as defined by the UKBA.

The salary for the role is at a sufficient level as defined by the UKBA.

The role in question is for at least a minimum level of hours per week as defined by the UKBA.

No decisions on appointment should be made on the basis of right to work by the selection panel, as this may be construed as discrimination. Therefore checks for right to work status will only be made after an individual has been provisionally offered a position with the Trust. The Employee Service Centre will undertake the points based assessment and will advise Recruiting Managers on the progress of this. If, during this assessment, it becomes unlikely that enough points will be available for the Trust to be able to sponsor the individual candidate then the offer of employment will be withdrawn on that basis.

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Tier 1: Tier 1 of the Points Based Immigration System relates to ‘highly skilled’ candidates who have applied for sponsorship themselves directly to the UKBA. Although this Tier is currently closed for new applications nationals from outside the EEA who are already working in the UK on a Tier 1 certificate can work for the Trust providing their Tier 1 sponsorship status in still in date. The Employee Service Centre will check this status.

Refugees and Asylum Seekers:

A refugee is a person who has been given leave to remain on the basis of a successful asylum application. A refugee has rights under the Geneva Convention to be treated no less favourably than citizens of the host nation. The Employee Service Centre will ensure all right to work checks are undertaken. Asylum seekers are individuals who have made application for asylum, but whose application is yet to be decided on. Since 2003 asylum seekers do not have an automatic right to work in the UK. Only very small numbers of asylum seekers will be granted the right to work and if so it will state ‘employment permitted’ on their Application Registration Card (ACR). The Employee Service Centre will check the original ACR card.

C. Registration and Qualification Checks

Prior to appointment all professional registrations and qualifications, which are listed as ‘essential’ on the person specification relating to the vacancy, are required to be checked. The Employee Service Centre will ensure that original copies of qualifications are produced and verified, and will also ensure that checks on registrations are performed in line with the Trusts Professional Registration Policy. Failure of a candidate to provide evidence of ‘essential’ registration or qualifications will result in the offer of employment being withdrawn.

D. Employment History and Reference Checks

Previous employment history must be checked before an unconditional offer of employment is made to a prospective employee. References serve two purposes for the Trust. They allow the Trust to check the accuracy of a prospective employee’s previous employment and training history. They can also provide assurance of an individuals qualifications, integrity and track record. References will always be requested in writing only, using the Trust’s reference template. They will be requested with the employees consent and will only be requested for preferred candidates following interview. Interviewing panels should base decisions on application details and interview/assessment in the first instance, making a conditional offer to their preferred candidate subject to satisfactory checks.

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The NHS Employment Check Standards outline that employers should check a minimum of three years previous employment or training, with a preference to check the previous five years. As a minimum, references must be obtained from the two most recent employers. The Employee Service Centre will contact all referees, and will ensure that referees who are provided are appropriate. Once references are received they will be forwarded to the recruiting manager for authorisation; it is the responsibility of the recruiting manager to ensure that information provided on references is satisfactory. Recruiting managers who are unhappy with the content of references should contact the referee to explore any discrepancies, and can also clarify any points directly with the candidate. Any major concerns should be discussed with the Divisional HR Business Manager or HR Advisor before decisions are made to proceed with or withdraw the job offer. Any candidates who have not had any recent employment, or have recently been in full time education, should be discussed with the Employee Service Centre, who will ensure that appropriate referees are sought.

Reference checking of Internal candidates:

Internal candidates who are moving within the same department will not be required to have their references checked, as that department will already have records of the candidates skills, abilities and sickness record. Internal candidates moving from one Trust department to another will only be required to have one reference checked; this will be requested from their current line manager.

Reference requests from other organisations:

There is no legal obligation on an employer to provide a reference for an existing or former employee. However, refusal to provide a reference can be interpreted as a negative indicator by the prospective employer and may be perceived as victimisation amounting to unlawful discrimination. Any reference requests received from other organisations will be forwarded to the relevant line manager, and should only be completed by that manager or their deemed deputies. It is essential that any information provided is honest, accurate and fair, is made with reasonable care and is based on facts. An employee or former employee could bring an action against the Trust for libel or defamation through a civil court, if they consider the reference to be inaccurate. It is essential therefore that all information provided can be substantiated with factual evidence, if challenged at a later date. Referees must avoid using statements that could be misleading or open to misinterpretation. Under no circumstances should a Trust manager provide a verbal reference to any external organisation.

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If managers are providing character references for employees, for example for the purpose of renting accommodation, they must make it clear that this reference is not on behalf of the Trust. It is suggested that the following wording should be used in those cases, ‘This reference is written in a personal capacity and, for avoidance of doubt, is not issued with the knowledge or on behalf of Bolton NHS Foundation Trust’. Official Trust letter headed paper must not be used. All requests for financial references must be forwarded to the Payroll department of the Trust.

E. Criminal Record Checks

The Trust is committed to the safeguarding of children and vulnerable adults and, in line with the Disclosure and Barring Service (DBS) guidelines and NHS Employment Check Standards, will ensure that relevant checks are undertaken on Trust employees. On 29th May 2013 the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (as

amended in 2013) came into force allowing certain old and minor cautions and convictions to no longer be subject to disclosure. In addition employers are no longer able to take an

individual’s old and minor cautions and convictions into account when making decisions. The law does state that all cautions and convictions for specified serious violent and sexual offences, and other specified offences of relevance for posts concerned with safeguarding children and vulnerable adults, will remain subject to disclosure. All convictions resulting in a custodial sentence, whether or not suspended, will remain subject to disclosure, as will all convictions where an individual has more than one conviction recorded All criminal record checks will be administered by the Employee Service Centre.

Self Declaration of criminal Records:

During the application process applicants are asked to disclosure any criminal cautions, warnings, reprimands or convictions, not subject to the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (as amended in 2013 (see above), on their application form. Any declaration will not be shared with recruiting managers at shortlisting or interview stage – however managers should ensure that all candidates are asked during their interview if they wish to disclose or discuss any such information. In addition, at offer of employment stage, individuals will be asked to complete a self-declaration form which will outline any criminal cautions, warnings, reprimands or convictions they may have had. Any information declared at application, interview or on their self-declaration form will be considered by the Trusts DBS panel – outlined in more detail below.

DBS Checks:

The Disclosure and Barring Service provides access to information across England and Wales about criminal convictions and other police records to help employees make an informed decision when recruiting staff. The information provided by the DBS is known as

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a 'disclosure'. There are three levels of disclosure – ‘Basic’, 'Standard' and 'Enhanced'. The Employee Service Centre will ensure that individuals are checked appropriately following the guidelines set out by the DBS. In addition the DBS manage two lists of individuals who are barred from working with children and/or adults. Where appropriate a check of these lists can also be requested as part of the DBS check process. The Employee Service Centre if a check of the barred lists is appropriate. Recruiting managers should ensure that posts which require DBS disclosure clearly outline that a check will be necessary in the 'essential' criteria of the person specification for the vacancy. If managers are in any doubt they are advised to discuss this with the relevant Employee Service Centre Officer. DBS status for all Trust employees with access to children as part of their regular duties (e.g. School Nurses, Childrens Nurses, HCA in Childrens unit, Paediatric Doctors etc) will be re-checked by the Trust every three years.

Levels of DBS Checks:

Enhanced Disclosure These disclosures will provide details of any criminal warnings, reprimands, cautions or convictions. Enhanced disclosures are the highest level of criminal record checks available and include the option for the Police to include further information on the disclosure that they feel may be relevant to the position being applied for. In order to be able to request checks at this level the Trust must be satisfied that the position in question is a ‘regulated’ activity with children and/or adults as defined by the Safeguarding Vulnerable Groups Act (amended by the Protection of Freedoms Act 2012). The definition of ‘regulated activity’ is:- Regulated Activity with Adults

Provision of health care

Provision of personal care

Conveying (transportation of adults to or from their place of residence and a place where they have received, or will be receiving, health care, personal care or social care; or between places where they have received or will be receiving care)

If a Trust position meets the requirements listed above a DBS at Enhanced level will be requested, along with a request to check the DBS Adult Barring List. Regulated Activity with Children

Unsupervised activities: teaching, training, instruction, care for or supervision or children, or providing advice/guidance on well-being, or driving a vehicle only for children.

Work for a limited range of establishments (‘specified places’), with the opportunity for contact with children.

Providing personal care; or health care by or supervised by a professional.

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If a Trust position meets the requirements listed above a DBS at Enhanced level will be requested, along with a request to check the DBS Childrens Barring List. Standard Disclosure These disclosures will provide details of any criminal warnings, reprimands, cautions or convictions only. They are used for positions which do not fall under the remit of ‘regulated activity’ but do involve the individual having access to patients as part of their normal duties. Access to patient records or patient information only does not constitute ‘access’ for a standard disclosure. Basic Disclosure The checks are designed to be used for positions which do not fall under the definition of ‘Enhanced’ or ‘Standard Checks’ and involve ‘positions of trust’ – which for the Trust can be defined as Directors, Non-Executive Directors and Senior Managers. Commencing employment prior to DBS clearance: DBS disclosures can take anywhere between two weeks and a number of months to be returned, depending on the level of check requested and the number of times an applicant has moved addresses; therefore it would not be operationally realistic to prevent applicants from commencing work in positions (once all other pre-employment checks have been completed). Therefore staff will be allowed to commence duties pending receipt of satisfactory DBS clearance, but their contracts of employment will clearly state that employment is subject to satisfactory DBS checks. However, as part of the Trusts Safeguarding responsibilities, no applicants in the following areas will be allowed to commence until DBS clearance has been received:-

All positions in Maternity, Women’s Healthcare and Paediatrics.

All positions in Theatres and the Intensive Care Unit.

All positions in the Children’s Accident and Emergency Department.

All other Trust roles which involve frequent, intensive and/or overnight access or care to children.

Defective CRB Disclosures:

The Trust will ensure that all information declared through a DBS disclosure, or by an applicant, is explored before making a decision whether to proceed with the offer of employment. All declared disclosures will be discussed by a panel consisting of the Head of Employee Resourcing, nominated HR Business Manager and two Clinical Managers. The panel will also have the power to involve other Trust staff, such as the Trusts Safeguarding Lead, as required. The benefit of a DBS panel is that it provides the Trust with a consistent approach to dealing with defective DBS checks and self-disclosures, and prevents discrimination. A criminal conviction will not automatically bar an applicant from

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an appointment, but may raise serious questions about a persons suitability. In general, the panel will view convictions in the context of all relevant circumstances including:-

The nature of the offence.

The age at which it was committed.

It’s relevance to the post in question.

Whether the applicant has a pattern of offending behaviour.

Whether the applicant circumstances have changed since the offence.

Whether the applicant had fully disclosed the offence at application and interview stage, and had explained the circumstances surrounding the offence.

All decisions made by the panel will be final, and should be accepted by the recruiting manager. All decisions made will be formally logged and recorded.

Cost of DBS Checks:

With effect from the 1st July 2013 all new starters to the Trust (i.e. not existing staff moving roles within the Trust or having their DBS re-checked) will be asked to reimburse the Trust for the cost of the DBS check. These starters will be given the option of a single payment for the check or to spread the cost of the check over their first three months salary with the Trust. All ‘bank’ and locum workers will be asked to reimburse the Trust for the cost of DBS checks.

F. Health Checks

All Trust staff will be required to have a pre-appointment health check, which will be undertaken by the Trusts Workplace Health and Wellbeing Department (WHWB). This will be undertaken between the interview and unconditional offer stage. Health assessments are necessary to:-

find out if the individual is capable of carrying out the role taking into account any current or previous illnesses and the obligations imposed by equal opportunities legislation.

identify anyone at risk from developing work-related diseases in the workplace.

The WHWB department will advise the recruiting manager if the prospective employee is fit to undertake the duties of the role, whether they require reasonable workplace adjustments to undertake the duties of the role or whether they are unfit to carry out the duties required. The WHWB department will give applicants the opportunity to discuss issues raised at the health check stage, with an Occupational Health professional, before reaching a decision regarding employment.

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6.10 Retention of documents

Recruitment documentation, including panel members interview notes for applicants are required to be retained for a minimum of 12 months; therefore all documentation should be sent to the Employee Service Centre. Successful candidates will have all documentation relating to their application, interview and pre-employment checks placed on a personnel file, which will be forwarded to their recruiting manager after they have commenced with the Trust. The recruiting manager will be responsible for retaining the personnel file indefinitely. For ‘expressions of interest’ appointments all supporting literature should be forwarded to the Employee Service Centre, to ensure that the Trust can defend decisions made if they are challenged. The retention of recruitment records must adhere to the requirements outlined in the Data Protection Act 1998 and therefore all recruitment records must be returned to the Employee Service Centre for secure retention.

6.11 Complaints

The Trust is committed to a fair and transparent recruitment process, and will therefore treat any complaints received seriously. If an applicant considers that the recruitment process has been mismanaged at any stage they can complain in writing to the Head of Employee Resourcing. The complaint must be made within 28 days of the decision or action that resulted in the complaint. Alternatively, the complaint can be made within 28 days of the date the applicant subsequently finds out that the exercise has been mismanaged. A full response to any complaint will be sent within 10 working days, if this is not possible because of investigations in progress a holding reply will be sent within the 10 day timescale. If the person is not satisfied with a response provided then they may address any further complaint to the Head of Human Resources.

7. MONITORING AND REVIEW

Regular monitoring of adherence to all aspects of the policy will be requested by the Workforce Committee and provided by the Head of Employee Resourcing on a quarterly basis.

The policy will be reviewed in two years time or earlier than this if any major legislative changes are made which affect recruitment or selection.

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Appendix 1

The NHS Constitution – Staff, your responsibilities

In addition the specific responsibilities of the job for which someone has applied, the NHS constitution sets out some core responsibilities for all staff. You should incorporate these responsibilities into the assessment process so that all staff appointed are able to fulfil the requirements of the constitution. Legally, you have a duty to:

accept professional accountability and maintain the standards of professional practice as set by the appropriate regulatory body applicable to your profession or role

take reasonable care of health and safety at work for you, your team and others, and to co-operate with employers to ensure compliance with health and safety requirements

act in accordance with the express and implied terms of your contract of employment

not discriminate against patients or staff and to adhere to equal opportunities and equality and human rights legislation

protect the confidentiality of personal information that you hold unless to do so would put anyone at risk of significant harm

be honest and truthful in applying for a job and in carrying out that job

There are also a number of expectations that reflect how staff should play their part in ensuring the success of the NHS and delivering high-quality care. You should aim to:

maintain the highest standards of care and service, taking responsibility not only for the care you personally provide, but also for your wider contribution to the aims of the NSH as a whole

take up training and development opportunities provided over and above those legally required of your post

play your part in sustainably improving services by working in partnership with patients, the public, and communities

be open with patients, their families, carers or representatives, including if anything goes wrong; welcoming and listening to feedback and addressing concerns promptly and in a spirit of co-operation. You should contribute to a climate where the truth can be heard and the reporting of, an learning from, errors is encouraged

view the services you provide from the stand point of a patient and involve patients, their families and carers in the services you provide, working with them, their communities and other organisations, and making it clear who is responsible for their care

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Appendix 2

The Vacancy

KEY Questions to be asked – normal boxes Responses to a job vacancy – shaded boxes

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Appendix 3

Equality Impact Assessment Tool

To be completed and attached to any procedural document when submitted to the appropriate committee for consideration and approval.

Yes/No Comments

1. Does the document/guidance affect one group less or more favourably than another on the basis of:

Race No

Ethnic origins (including gypsies and travellers)

No

Nationality No

Gender (including gender reassignment) No

Culture No

Religion or belief No

Sexual orientation No

Age No

Disability - learning disabilities, physical disability, sensory impairment and mental health problems

No

2. Is there any evidence that some groups are affected differently?

No

3. If you have identified potential discrimination, are there any valid exceptions, legal and/or justifiable?

4. Is the impact of the document/guidance likely to be negative?

No

5. If so, can the impact be avoided?

6. What alternative is there to achieving the document/guidance without the impact?

7. Can we reduce the impact by taking different action?

If you have identified a potential discriminatory impact of this procedural document, please refer it to your divisional E and D lead together with any suggestions as to the action required to avoid/reduce this impact.

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Appendix 4.

Document Control Tracking

To be completed and attached to documents submitted for consideration and approval. After ratification to be included within appendices.

Document Title:

Recruitment and Selection Policy

Author:

Paul Henshaw – Head of Employee Resourcing

New/revised: Revised Summary:

Very minor revisions made, Policy updated to the new Trust format. Section included to clarify the Trusts position on ensuring equal opportunities in employment and recruitment

Keywords: recruitment, selection, advertising, equal opportunities, pre-employment checks, criminal record checks, references, agency, bank Staff/Stakeholders Consulted: Staff side representatives Trust Managers

Section below to be completed by ratifying committee Ratifying Committee:

Executive Directors

Date presented for Ratification:

24th December 2014

Outcome:

Ratified Y Ratified subject to minor amendments

Not ratified

Comments: