Recruitment, Selection and Appointment

Recruitment, Selection and Appointment Policy

Version 3.0 July 2019

Recruitment, Selection and Appointment

Target Audience

Who Should Read This Policy

Managers

https://www.england.nhs.uk/nhs70/



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Ref. Contents Page

1.0 Introduction 4

2.0 Purpose 4

3.0 Objectives 4

4.0 Process 4

5.0 Procedures connected to this Policy 6

6.0 Links to Relevant Legislation 6

6.1 Links to other Key Policies 7

6.2 Links to other Key Policies 7

6.3 References 8

7.0 Roles and Responsibilities for this Policy 9

8.0 Training 11

9.0 Equality Impact Assessment 11

10.0 Data Protection and Freedom of Information 11

11.0 Monitoring this Policy is working in Practice 12



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Explanation of terms used in this policy Employment Checks - Checks that are required prior to the commencement of a prospective

candidate into a post and during employment for certain staff. Employment Checks include

Occupational Health, Employment History and References, Disclosure and Barring Checks, Right to Work Checks, Verification of Identity Checks and Professional Registration and/or Qualifications. These

checks are a mandatory requirement for most applicants in accordance with the NHS Employment Check Standards (http://www.nhsemployers.org/)

Disability Confident Scheme - To support disabled people in employment the Trust operates the Guaranteed Interview Scheme, a national Government scheme operated by Department

Work and Pensions and recognised by the ‘two tick’ positive about disability symbol. Under the scheme, the Trust has made a commitment to support disabled candidates and employees. As part of

the recruitment process, any candidate who has a disability and wishes to be considered under the scheme (as identified on the application form) and meets the minimum essential criteria on the person

specification should be guaranteed an interview

Recruiting Manager - The lead manager responsible for ensuring the correct recruitment, selection

and appointment process is followed in line with this policy and the Recruitment Handbook for Managers. The Recruiting Manager will act as the Chair of the shortlisting process and interview panel.

The Recruiting Manager should have attended the Trust’s Recruitment, Selection and Appointment

Training and is at the appropriate level of responsibility in relation to the post being appointed to

http://www.nhsemployers.org/



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1.0 Introduction

Black Country Partnership NHS Foundation Trust recognises that employees are the essential resource that contributes to the successful operation of the organisation, ensuring that the Trust delivers a high quality service user experience, fit for purpose.

2.0 Purpose

The Trust is committed to recruiting and retaining employees of the highest calibre. People who not only have the necessary skills, knowledge and experience in order to perform a role but also share the Trust’s vision, core values and expected attitudes and behaviours to ensure we provide the highest standard of care possible. This is supported by a “Values Based” approach to recruitment and selection. This policy provides a mechanism to ensure the Trust is recruiting and retaining employees of the highest calibre by using standards of recruitment and selection that are both fair and consistent, promote the Trust as an employer of choice, are safe and effective and ultimately attract and retain the best people for the job. This policy is compliant with NHS Employment Check Standards, good HR practice, Equality Act 2010 and other relevant employment legislation and ensures that the practices in place are not only effective in recruiting an employee to the Trust but are also safe and protect service users, staff and members of the public.

3.0 Objectives

The Trust recognises the importance of ensuring all employees are trustworthy and reliable and therefore, as a Trust, we are committed to carrying out employment checks both for the appointment and ongoing employment of employees, in order to ensure the provision of a continued quality professional healthcare service to our service users. This policy operates in conjunction with the Recruitment Handbook for Managers along with Agenda for Change Terms and Conditions and other associated HR policies including the Equal Opportunity Policy, Disclosure and Barring Policy. Advice should be sought from the HR Department where necessary. The Trust is committed to equal opportunities and therefore the Recruitment, Selection and Appointment Policy will provide a positive framework within which candidates are given the opportunity to demonstrate their abilities regardless of their status. Therefore, the procedures will operate within employment law and staff involved in recruitment must understand the areas where discrimination may occur in order for them to take positive action to attract and recruit the best candidate and to avoid direct and/or indirect discrimination. These will be in line with the 9 Protected Characteristics identified within the Equality Act 2010.The Trust continues to look at appropriate ways to increase the diversity and age profile of its workforce and to recruit from the local population.

4.0 Process

The Trust’s recruitment and selection procedure is as laid out in the Recruitment Handbook for Managers, which accompanies this policy. 4.1 Service Modernisation A vacancy can be created by an individual leaving their current post or when a new post is created due to a service development or change. It is an ideal time to review the requirements of the current post and assess the continuing need for the post, looking at current work-structures and the workforce plan. The analysis of need should also take place when a new post may be required.



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4.2 Promotion and Marketing of the Trust At all stages of the recruitment process it is paramount that the Trust recognises it is promoting a positive and consistent image of itself as a good employer, and ensuring that it is the employer of choice for the local population. The corporate branding should be used for all promotional material and a welcoming and professional approach to candidates ensured at all times. 4.3 Attracting Candidates In order to attract the highest calibre of candidates it is essential to have effective methods of advertising. All vacancies will be advertised on NHS Jobs, the national NHS recruitment website, internally and via other appropriate methods of advertising as appropriate to the role including social media. Advice on advertising is available from the Trust’s Communications and HR Recruitment Team. 4.4 Selecting Candidates It is recognised that the best candidate for the job is most likely to be appointed when a variety of selection methods are used. Following the shortlisting process, the minimum selection process that should be applied within the Trust is:

A completed application form

Panel interview of two people or more

Appropriate pre-employment clearances However, further methods of selection can be used where appropriate i.e. when relevant to the role and the person specification criteria, including presentations, group exercises and skills tests. The participation of service users and carers in the recruitment process is to be actively encouraged where appropriate. Values Based Recruitment methods are to be used for all recruitment and Human Resources will provide a database of examples of Values Based questions and scenarios. Selection should always be made against the set ‘essential’ and ‘desirable’ criteria as outlined on the person specification for the post. The number of panel members will be dependent on the type of role, the panel for interviews should consist of at least two people, ideally three, one being the line manager for the post. When arranging an interview panel, you should also consider the makeup of the panel where possible, for example; consider diversity, gender, BME representation and professional background. As part of the Trust’s commitment to supporting disabled people in employment the Trust operates the Disability Confident Scheme. Applicants who meet the minimum essential criteria for the post should be guaranteed an interview and reasonable adjustments be considered during the selection process. 4.5 Appointing Candidates The Recruiting Manager is responsible for leading the recruitment and selection process, ensuring the interviews take place according to Trust policy and are fair and equitable. The Recruiting Manager is also responsible for the subsequent appointment to a vacancy. Once a verbal offer of employment has been made, it is the responsibility of the Recruiting Manager, working in conjunction with the HR Recruitment Team, to ensure that the relevant administration process takes place i.e. provision of an offer letter, pre-employment clearance checks, etc. It is also the responsibility of the Recruiting Manager to ensure all pre-employment clearances are received and are satisfactory and that no employee commences employment without all the necessary checks being undertaken. Please refer to the Recruitment Handbook for further guidance. 4.6 Commencing Employment The Trust is committed to ensuring all new employees have an effective induction programme upon commencement of their employment. It is therefore essential for the Recruiting Manager to ensure the candidate is appropriately inducted into the organisation. Effective induction practices are



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essential to ensure that new employees settle into their new role as quickly as possible, supporting their morale, commitment and performance to the organisation. Ineffective induction processes can affect employee retention and may result in the recruitment process commencing again unnecessarily. Please refer to the Recruitment Handbook for Managers and Trust Induction Policy for further information.

5.0 Procedures connected to this Policy

Recruitment, Selection and Appointment - Managers Handbook

Recruitment, Selection and Appointment - SOP 01 - Job Carving

6.0 Links to Relevant Legislation

Employment Relations Act 2004 The Employment Relations Act 2004 is mainly concerned with collective labour law and trade union rights. It implements the findings of the review of the Employment Relations Act 1999, announced by the Secretary of State in July 2002. The centrepiece of the 1999 Act was the establishment of a statutory procedure for the recognition of trade unions by employers for collective bargaining purposes. Equality Act 2010 Equality Act came into force on 1 October 2010 and brought together over 116 separate pieces of legislation into one single Act to provide a legal framework to protect the rights of individuals and advance equality of opportunity for all. The Act simplifies, strengthens and harmonizes the current legislation to provide a new discrimination law which protects individuals from unfair treatment and promotes a fair and more equal society.

Data Protection Act 2018

The Data Protection Act 2018 became law on the 23rd May 2018. It sets standards that must be satisfied when obtaining, recording, holding, using or disposing of personal data.

The Act is implemented in seven parts.

This Act makes provision about the processing of personal data.

Most processing of personal data is subject to the GDPR.

Part 2 supplements the GDPR and applies a broadly equivalent regime to certain types of processing to which the GDPR does not apply

Part 3 makes provision about the processing of personal data by competent authorities for law enforcement purposes and implements the Law Enforcement Directive.

Part 4 makes provision about the processing of personal data by the intelligence services.

Part 5 makes provision about the Information Commissioner.

Part 6 makes provision about the enforcement of the data protection legislation.

Part 7 makes supplementary provision, including provision about the application of this Act to the Crown and to Parliament.

The Act introduces new offences that include knowingly or recklessly obtaining or disclosing personal data without the consent of the data controller, procuring such disclosure, or retaining the data obtained without consent. Selling, or offering to sell, personal data knowingly or recklessly obtained or disclosed would also be an offence,

Essentially, the Act implements the EU Law Enforcement Directive, it implements those parts of the GDPR which 'are to be determined by Member State law' and it creates a framework similar to the GDPR for the processing of personal data which is outs



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6.1 Links to other Key Policies

Secondment and Acting-Up Policy Secondments and Acting Up arrangements are increasingly being recognised as valuable for development, offering the employee career development opportunities but also provides the Trust the chance to develop its skills base. Disclosure and Barring Policy The purpose of this policy is to ensure that the Trust fully complies with relevant legislation and follows a best practice approach. This includes compliance with the Rehabilitation of Offenders Act 1974, Equality Act 2010 and Data Protection Act 1998 and, in doing so, ensures that the Trust protects service users, staff and members of the public by recruiting staff that will not cause harm to others. Professional Registration Policy The purpose of this policy is to ensure that the Trust is fully able to exercise its duty to protect service users through the employment of appropriately qualified and registered staff, thus ensuring continued quality of professional service provision. Apprenticeships Policy Equal Opportunity Policy The purpose of this policy is to provide guidance about equal opportunities to all Trust employees and to uphold equality and diversity. Induction Policy The purpose of this policy is to provide a new employee with a thorough introduction to their new role and organisation. Training and Study Leave Policy The aim of this policy is to enable Trust staff to perform effectively in their role, and to deliver safe and high quality services. Volunteer Policy The purpose of this policy is to set out the roles and responsibilities of volunteers in order to ensure the volunteer ‘system’ meets both the needs of the organisation and each individual volunteer whilst ensuring a safe environment.

6.2 Links to other Key Policies

CQC Regulation 18: Staffing The intention of this regulation is to make sure that providers deploy enough suitably qualified, competent and experienced staff to enable them to meet all other regulatory requirements described in this part of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014. To meet the regulation, providers must provide sufficient numbers of suitably qualified, competent, skilled and experienced staff to meet the needs of the people using the service at all times and the other regulatory requirements set out in this part of the above regulations. Staff must receive the support, training, professional development, supervision and appraisals that are necessary for them to carry out their role and responsibilities. They should be supported to obtain further qualifications and provide evidence, where required, to the appropriate regulator to show that they meet the professional standards needed to continue to practise.



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CQC Regulation 19: Fit and Proper Persons Employed The intention of this regulation is to make sure that providers only employ 'fit and proper' staffs who are able to provide care and treatment appropriate to their role and to enable them to provide the regulated activity. To meet this regulation, providers must operate robust recruitment procedures, including undertaking any relevant checks. They must have a procedure for ongoing monitoring of staff to make sure they remain able to meet the requirements, and they must have appropriate arrangements in place to deal with staffs who are no longer fit to carry out the duties required of them. Employing unfit people, or continuing to allow unfit people to stay in a role, may lead CQC to question the fitness of a provider. If CQC considers that a breach of this regulation is also be a breach of another regulation(s) that carries offence clauses, then we can move directly to prosecution without serving a Warning Notice. For example, in situations where the care and treatment is provided without the consent of a person using the service or someone lawfully acting on their behalf, and where it is unsafe, does not meet the person's nutritional needs, results in abuse, or puts the person at risk of abuse. 6.3 References

Standards of Education & Training Health Professionals Council (2014)

NHS Employers website provides the full list of employment checks: http://www.nhsemployers.org/

Agenda for Change Terms and Conditions of Employment Handbook

NHS Litigation Authority Risk Management Standards 2012-13

Home Office (2015) Revised Code of Practice for Disclosure and Barring Service Registered

Disability Confident Scheme: https://www.gov.uk/government/publications/guaranteed-interview-scheme

http://www.nhsemployers.org/

https://www.gov.uk/government/publications/guaranteed-interview-scheme

https://www.gov.uk/government/publications/guaranteed-interview-scheme



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7.0 Roles and Responsibilities for this Policy

Title Role Key Responsibilities

Chief Executive Accountable - Overall responsibility for assuring that this policy is implemented within the Trust. Operational responsibility has been

delegated

Director of Workforce Executive Lead - Ensure that effective procedures, systems and guidance are developed for the recruitment, selection and appointment of

staff

- Lead on strategies and innovations to improve upon the recruitment, selection and appointment of staff where this is required

- Ensure that any serious concerns regarding the implementation of this policy are brought to the attention of the Board

Trust Board Strategic - Strategic overview and final responsibility for the recruitment, selection and appointment of staff in order to meet its

primary objective of providing high quality safe care

Workforce Committee Assurance - Ensure recruitment, selection and appointment of staff in accordance with the Board’s Assurance Framework and strategic

priorities

- Approve all policies and procedures that relate to their subject matter or area of practice - Develop and agree revisions to the Trust’s approach to this policy following discussions with Staff Side Forum

- Receive quarterly reports on incidents or trends in relation to this policy - Monitor the number of cases raised in order to identify trends and risks to the organisation and ensure that procedures are

effective both in preventing problems and dealing with issues as they arise

- Develop and monitor plans to address any areas of underperformance in relation to this policy - Provide progress and exception reports to the Executive Committee in respect of this policy

Divisional Management Boards

Monitoring - Monitor any incidents or trends in relation to this policy for its own Division, and, in collaboration with Human Resources, agree appropriate action or strategies to address and improve the recruitment, selection and appointment of staff within

their Division

Human Resources (including HR

Recruitment Team,

Medical Staffing and Temporary Staffing &

Rostering Team)

Specialist Advice - Ensure the administration of the recruitment, selection and appointment process is undertaken in accordance with the standards of this policy and the Recruitment Handbook for Managers including the appointment of bank, agency and locum

workers

- Ensure that Crown Commercial Service approved employment agencies comply with the latest NHS Employment Check Standards and the relevant Trust procurement procedures for the appointment of temporary agency and locum workers

- Issue Certificates of Sponsorship in compliance with UK Border Agency requirements and standards, as appropriate - Ensure compliance to equal opportunities, data protection employment and immigration legislation during the recruitment

and ongoing employment of employees - Provide advice and guidance on policy and procedure implementation

- Deliver appropriate training regarding the Trust’s recruitment and selection processes

- Monitor the implementation, compliance and effectiveness of this policy on behalf of the Workforce Committee



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Title Role Key Responsibilities

Recruiting Manager Implementation - Ensure compliance with this policy and the Recruitment Handbook for Managers following the recruitment, selection and appointment process outlined, adhere to appropriate timescales and ensure any recruitment and employment practices

apply to all identified within the scope of this policy - Ensure that no applicant is allowed to commence employment without the necessary employment checks being made

- Ensure that no discrimination takes place throughout the recruitment, selection and appointment process

- Liaise with the Trust Temporary Staffing and Rostering Team or Medical Staffing Officer, as appropriate, for the recruitment of temporary bank, agency or locum workers. Managers should not recruit temporary workers directly with external

agencies - Ensure compliance to equal opportunities, data protection, employment and immigration legislation during the recruitment

and ongoing employment of employees

- Attend the Trust’s Recruitment, Selection and Appointment Training every 3 years, or have experience of similar training elsewhere

- Seek advice from the HR Department as and when necessary with regards to the implementation of this policy - Assist the HR Department when auditing the Trust’s recruitment, selection and appointment process to ensure policy

compliance

Employee’s Line Manager

Operational - Ensure that no applicant is allowed to commence employment without the necessary employment checks being made unless advice sought from Human Resources, ensuring compliance with this policy as appropriate

- Develop an appropriate local induction programme to ensure a new employee is fully inducted into the Trust and department/unit for which they work

- Ensure relevant ongoing employment checks take place as appropriate (e.g. Professional Registration, Right to Work

Checks, etc.) - Ensure compliance to equal opportunities, data protection, employment and immigration legislation during the ongoing

employment of employees - Seek advice from the HR Department as and when necessary with regards to the implementation of this policy

Employees Adherence - Provide employment check information to the Trust and attend any appointments as part of their ongoing employment with

the Trust as appropriate, including for example, undertaking Disclosure and Barring checks, Professional Registration checks, Right to Work checks and Work Visa reporting requirements. (For further information refer to the Recruitment

Handbook, the Disclosure and Barring Policy and Professional Registration Policy as appropriate) - Ensure compliance to equal opportunities, data protection, employment and immigration legislation during their ongoing

employment, where appropriate



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8.0 Training

What aspect(s) of this policy will

require staff training?

Which staff groups require this

training?

Is this training covered in the Trust’s Mandatory & Specialist Mandatory

Training Needs Analysis document?

If no, how will the training be delivered?

Who will deliver the training?

How often will staff require

training

Who will ensure and monitor that staff have

this training?

Recruitment,

Selection and Appointment

Training

All staff with a role

that may involve recruitment

management

No, staff will receive specific

training in relation to this policy where it is identified in

their individual training needs

analysis as part of their development for their

particular role and responsibilities

Training will be delivered

internally

Human Resources Every 3 Years Workforce Committee

The Trust will provide training and advice to all managers directly involved in recruitment and selection activities and career development. The Trust aims to achieve a standard whereby all members of appointments panels receive training in equal opportunities and recruitment and selection which will include not only the process, associated legislation but the values and ethos that the Trust is actively working to achieve. Recruitment and Selection training is recommended for all Recruiting Managers. There is a minimum requirement for at least one member of the interview panel to have completed training in recruitment and selection. Recruiting Managers will be required to undertake this training every 3 years

9.0 Equality Impact Assessment

Black Country Partnership NHS Foundation Trust is committed to ensuring that the way we provide services and the way we recruit and treat staff reflects individual needs, promotes equality and does not discriminate unfairly against any particular individual or group. The Equality Impact Assessment for this policy has been completed and is readily available on the Intranet. If you require this in a different format e.g. larger print, Braille, different languages or audio tape, please contact the Equality & Diversity Team on Ext. 8067 or email [email protected]

10.0 Data Protection and Freedom of Information

Data Protection Act provides controls for the way information is handled and to gives legal rights to individuals in relation to the use of their data. It sets out strict rules for people who use or store data about individuals and gives rights to those people whose data has been collected. The law applies to all personal data held including electronic and manual records. The Information Commissioner’s Office has powers to enforce the Data Protection Act and can do this through the use of compulsory audits, warrants, notices and monetary penalties which can be up to €20million or 4% of the Trusts annual turnover for serious breaches of the Data Protection Act. In addition to this the Information Commissioner can limit or stop data processing activities where there has been a serious breach of the Act and there remains a risk to the data.

mailto:[email protected]

http://simple.wikipedia.org/wiki/Information

http://simple.wiktionary.org/wiki/right



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The Freedom of Information Act provides public access to information held by public authorities. The main principle behind freedom of information legislation is that people have a right to know about the activities of public authorities; unless there is a good reason for them not to. The Freedom of Information Act applies to corporate data and personal data generally cannot be released under this Act. All staffs have a responsibility to ensure that they do not disclose information about the Trust’s activities; this includes information about service users in its care, staff members and corporate documentation to unauthorised individuals. This responsibility applies whether you are currently employed or after your employment ends and in certain aspects of your personal life e.g. use of social networking sites etc. The Trust seeks to ensure a high level of transparency in all its business activities but reserves the right not to disclose information where relevant legislation applies. The Information Governance Team provides a central point for release of information under Data Protection and Freedom of Information following formal requests for information; any queries about the disclosure of information can be forwarded to the Information Governance Team.

11.0 Monitoring this Policy is working in Practice

What key elements will be monitored?

(measurable policy objectives)

Where described in

policy?

How will they be monitored?

(method + sample size)

Who will undertake this

monitoring?

How Frequently

?

Group/Committee that will receive and

review results

Group/Committee to ensure actions are

completed

Evidence this has

happened

Duties 8.0 Roles and Responsibilitie

s for this Policy

Report which will include incidents and

trends in respect of the key elements of this

policy

HR Business Partner/ Assistant

HR Business Partner

Quarterly Workforce Committee

Workforce Committee/Director

of Workforce/ HR Business Partner/

Divisional

Management Boards

Minutes of Meetings/

Signed off action plans

Audit of the Trust’s

recruitment and

selection process

Human Resources

Department

Annually Staff Side Forum and

the Workforce

Committee Group

Workforce Committee

Annual Report –

detailing work undertaken throughout

the year which will

include compliance with the key elements of this

policy

HR Business

Partner/ Assistant HR Business

Partner

Annually Workforce

Committee

Workforce

Committee/Director of Workforce/ HR

Business Partner/


Types of check required 7.4 Appointing Candidates



policy


HR Business Partner




Divisional

Management Boards





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What key elements will be

monitored? (measurable policy objectives)

Where

described in policy?

How will they be

monitored? (method + sample size)

Who will

undertake this monitoring?

How

Frequently?

Group/Committee

that will receive and review results

Group/Committee to

ensure actions are completed

Evidence

this has happened

Audit of the Trust’s recruitment and

selection process

Human Resources Department

Annually Staff Side Forum and the Workforce

Committee

Workforce Committee

How the organisation follows up those staff who do not

satisfy the checking arrangements

8.0 Roles and Responsibilitie

s for this Policy



policy


HR Business Partner




Divisional

Management Boards



Audit of the Trust’s

recruitment and

selection process

Human Resources

Department

Annually Staff Side Forum and

the Workforce

Committee

Workforce Committee

How the organisation makes

sure that checks are being carried out by all external

agencies (such as NHS

professionals, recruitment agencies etc.) used by the

organisation in respect of all staff

8.0 Roles and

Responsibilities for this Policy

Audit with external

agencies to confirm registration checks are

undertaken

Workforce

Committee

Quarterly Workforce

Committee

Workforce


Business Partner/


Minutes of

Meetings/ Signed off

action plans

Sample audit on

professional websites

Workforce

Committee

Quarterly Workforce

Committee

Workforce


Business Partner/ Divisional

Management Boards

How the organisation monitors compliance with all

the above

7.0 Procedure Annual Audit Report HR Business Partner/ Assistant

HR Business Partner

Annually Workforce Committee

Workforce Committee assign appropriate

person(s) to implement action

plans





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Policy Details

* For more information on the consultation process, implementation plan, equality impact assessment, or archiving arrangements, please contact Corporate Governance

Review and Amendment History

Version Date Details of Change

V3.0 July 2019 Full policy review

V2.0 Nov 2016 Full policy review and new policy format

V1.0 Dec 2012 Alignment of Policies following TCS, also in line with NHSLA

Title of Policy Recruitment, Selection and Appointment Policy

Unique Identifier for this policy BCPFT-HR-POL-35

State if policy is New or Revised Revised

Previous Policy Title where applicable n/a

Policy Category Clinical, HR, H&S, Infection Control etc.

Human Resources

Executive Director whose portfolio this policy comes under

Executive Director of Operations

Policy Lead/Author Job titles only

HR Business Partner

Committee/Group responsible for the approval of this policy

Workforce Group

Month/year consultation process completed *

August 2019

Month/year policy approved September 2019

Month/year policy ratified and issued October 2019

Next review date September 2022

Implementation Plan completed * Yes

Equality Impact Assessment completed * Yes

Previous version(s) archived * Yes

Disclosure status ‘B’ can be disclosed to patients and the public

Key Words for this policy

Key stages of recruitment, selection and appointment, Recruitment of bank, agency and locum workers, Withdrawing an offer of employment, Employment clearance, Checks by external agencies, Employment checks

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