Recruitment

Contents
1. Discrimination 2. Application form 3. Entitlement to work in the UK 3.1. Appropriate documents

In advertisements for new staff and during interviews, you must not say anything that could be seen as discrimination against any prospective employee on grounds of sex, gender reassignment, race, colour, ethnic background, marital status, disability, trade union membership and/or activity, age, religion/belief (England, Wales and Scotland) or religious belief or political opinion (Northern Ireland) or sexual orientation.

You should record your reasons for not offering a job to any unsuccessful applicant, ensure that this information is retained and that it cannot be interpreted as showing an intention to discriminate.

To avoid a potential claim of discrimination, the employer should treat every applicant in the same way.

Sometimes a job will require an applicant of a particular sex, race, age, religion/belief or sexual orientation. As long as this is a genuine requirement or qualification for the job then it will not be unlawful to discriminate against certain sectors of society.

If you feel that this may apply to you then we advise that you seek legal advice - check this website to see what might be available with this service.

Each candidate should be asked to complete a job application form. Completed application forms are useful in compiling personnel records, assisting the objective selection of suitable candidates and providing a framework for interviews. However, the information collected is subject to the Data Protection Act, and we recommend that you follow the Information Commissioner's Employment Practices Code. The practice code

You should ask all candidates to bring with them to the interview documentary evidence that they are entitled to work in the UK.

It is a criminal offence for an employer to knowingly employ a person aged 16 or over who does not have permission to live and work in the UK and a court can impose an unlimited fine and/or two years' imprisonment for each illegally employed individual.

In addition, an employer may be liable to a civil penalty for unlawfully employing a worker who does not have a right to work in the UK. Depending on the circumstances, the UK Border Agency (formerly the Border and Immigration Agency) may issue a civil penalty of up to £10,000.00 per illegal worker found.

All candidates offered employment should be required to produce an appropriate document before they start work. To avoid any potential liability, it is good practice to ensure that the prospective employee produces one or more of the documents set out below prior to commencing their employment:

• A passport showing that the holder, or a person named in the passport as the child of the holder, is a British citizen or a citizen of the United Kingdom and Colonies having the right of abode in the United Kingdom
• A passport or national identity card showing that the holder, or a person named in the passport as the child of the holder, is a national of the European Economic Area or Switzerland
• A residence permit, registration certificate or document certifying or indicating permanent residence issued by the UK Border Agency to a national of a European Economic Area country or Switzerland
• A permanent residence card issued by the Home Office or the UK Border Agency to the family member of a national of a European Economic Area country or Switzerland
• A Biometric Immigration Document issued by the UK Border Agency to the holder which indicates that the person named in it is allowed to stay indefinitely in the United Kingdom, or has no time limit on their stay in the Untied Kingdom
• A passport or other travel document endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the United Kingdom, has the right of abode in the United Kingdom, or has no time limit on their stay in the United Kingdom
• An Immigration Status Document issued by the Home Office or the UK Border Agency to the holder with an endorsement indicating that the person named in it is allowed to stay indefinitely in the United Kingdom or has no time limit on their stay in the United Kingdom, when produced in combination with an official document giving the person's permanent National Insurance number and their name issued by a Government agency or a previous employer
• A full birth certificate issued in the United Kingdom which includes the name(s) of at least one of the holder's parents, when produced in combination with an official document giving the person's permanent National Insurance number and their name issued by a Government agency or a previous employer
• A full adoption certificate issued in the United Kingdom which includes the name(s) of at least one of the holder's adoptive parents when produced in combination with an official document giving the person's permanent National Insurance number and their name issued by a Government agency or a previous employer
• A birth certificate issued in the Channel Islands, the Isle of Man or Ireland, when produced in combination with an official document giving the person's permanent National Insurance number and their name issued by a Government agency or a previous employer
• An adoption certificate issued in the Channel Islands, the Isle of Man or Ireland, when produced in combination with an official document giving the person's permanent National Insurance number and their name issued by a Government agency or a previous employer
• A certificate of registration or naturalisation as a British citizen, when produced in combination with an official document giving the person's permanent National Insurance number and their name issued by a Government agency or a previous employer
• A letter issued by the Home Office or the UK Border Agency to the holder which indicates that the person named in it is allowed to stay indefinitely in the United Kingdom when produced in combination with an official document giving the person's permanent National Insurance number and their name issued by a Government agency or a previous employer

Note: A National Insurance number on its own is not enough to satisfy this legal requirement and should only be used in combination with another document from this list.