HR considerations
UK employment law and best practice
This template is designed to support the process, but the document should be used alongside the relevant HR procedure and applied to the circumstances of the individual case.
Written statement of employment particulars
Employers are required to provide workers with a written statement of employment particulars containing specified information. Some particulars must be provided from the first day of employment, while certain additional information must be provided within the required statutory timeframe. The offer letter can communicate key terms before employment starts, but it should not be assumed to replace the required written statement unless it contains all of the necessary information. https://www.gov.uk/employment-contracts-and-conditions
Employment Rights Act 1996
The Employment Rights Act 1996 provides the statutory framework for the written statement of employment particulars and a range of other employment rights. Employers should ensure that the terms communicated in an offer are consistent with the employment contract and the statutory particulars provided to the employee. https://www.legislation.gov.uk/ukpga/1996/18/contents
Right to work checks
Employers must conduct appropriate right to work checks before employing a person where the relevant immigration requirements apply. Where the offer is conditional upon satisfactory right to work evidence, the requirement should be communicated clearly and the appropriate check completed before employment begins. https://www.gov.uk/government/collections/right-to-work-checks-employers-code-of-practice
Equality and discrimination
Recruitment and employment offers must be handled consistently and without unlawful discrimination. The Equality Act 2010 protects individuals from discrimination in employment, including in relation to recruitment and employment terms. Employers should ensure that offer decisions and terms are based on legitimate, non-discriminatory considerations. https://www.legislation.gov.uk/ukpga/2010/15/contents
Pre-employment checks
Where an offer is conditional on references, qualifications, DBS checks or other verification, employers should apply the requirements consistently and only carry out checks that are relevant to the role and circumstances. Where criminal record information is involved, the appropriate DBS process and applicable rules should be followed. https://www.gov.uk/government/organisations/disclosure-and-barring-service
Data protection
Information collected during recruitment and pre-employment checks should be handled in accordance with UK data protection requirements. Employers should collect relevant information for legitimate purposes, restrict access appropriately and retain recruitment information in accordance with their data protection and retention arrangements. https://www.gov.uk/data-protection