Managers guide to pre-employment checks
Supporting information
If you have a new employee, this model guide to pre-employment checks will help you to check their integrity and background, and prevent illegal working.
Managers guide to pre-employment checks
Introduction
Ensuring compliance with employment regulations is critical for maintaining a lawful and ethical workplace. This guide provides an overview of key considerations when managing employees' right to work, handling medical checks, giving references, and assessing the integrity of job candidates. Adhering to these guidelines helps employers avoid legal pitfalls and foster a fair and transparent hiring process.
1. Right to work
You must check that staff have the right to work in the UK under the Immigration, Asylum, and Nationality Act.
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It is the employer's job to ensure that employees have the legal right to work in the UK, so don't depend on what you are told; instead, double-check.
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When verifying an employee's permission to work in the UK, original documentation must be shown; duplicates are
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What is this for?
Employers are responsible for ensuring that illegal working is prevented and for building full trust in new hires.
This can be achieved by carrying out straightforward right-to-work checks before employing someone, confirming that the individual is eligible to work in the role and that their immigration status does not disqualify them. It also ensures that the information provided during the recruitment process is accurate.
This guide outlines key aspects, including:
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Right to work
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Medical checks
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References
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Candidate integrity
Employment law compliance
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The Immigration, Asylum and Nationality Act 2006: Employers are required to conduct right to work checks on all employees before they start work to ensure that they have the legal right to work in the UK.
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The Rehabilitation of Offenders Act 1974: Employers must take into account the Rehabilitation of Offenders Act when conducting criminal records checks on potential employees. This legislation sets out the length of time that certain convictions will remain on an individual's criminal record and when they can become spent (i.e. not disclosed) to employers.
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The Data Protection Act 2018: Employers must comply with data protection regulations when carrying out pre-employment checks, and must ensure that they have the candidate's consent to conduct any checks and that any personal data is handled in accordance with the legislation.
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The Equality Act 2010: Employers must ensure that any pre-employment checks are non-discriminatory and do not infringe on any protected characteristics, such as age, race, gender, or disability.
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The Health and Safety at Work etc. Act 1974: Employers have a duty to ensure the health and safety of their employees, and may need to conduct pre-employment checks to ensure that candidates are physically and mentally capable of carrying out the required job duties.
