Responsible Manager | People’s Manager |
Publish Date | September 2022 |
Last Review Date | January 2024 |
Next Scheduled Review Date | January 2025 |
Policy available | SharePoint / Website |
Authorised by | CEO |
- Introduction. 2
- Scope. 2
- Policy Aims 2
- Roles and Responsibilities 2
- Disclosure and Barring Service. 3
- Recruitment and Selection Procedure.. 3
- 6.1 Advertising. 3
- 6.2 Application Forms. 3
- 6.3 References 3
- 6.4 Interviews. 4
- 6.5 Employment Checks 4
- 6.6 Onboarding.. 4
- Supply Employees 4
- Contractors 5
- Appendix 1- Right to Work. 6
1. Introduction
- The safe recruitment of employees in all New Meaning Training (NMT) centres is the first step to safeguarding and promoting the welfare of young people in education. NMT is committed to safeguarding and promoting the welfare of all learners in its care. As an employer, NMT expects all employees and volunteers to share this commitment.
- Safe Recruitment Procedures are in place to help deter, reject or identify people who may be unsuitable to work in the NMT community, by having appropriate procedures in place for appointing employees.
2. Scope
- This policy applies to all NMT employees that are involved in the recruitment process at NMT. This can be any part of the process, however small. If an employee has any concerns regarding safe practices during the recruitment process, they must refer to this policy for guidance.
3. Policy Aims
- The aims are:
- To ensure the best possible employees are recruited based on their merits, abilities, and suitability for the position.
- To ensure that all job applicants are considered equally and consistently.
- To ensure that no job applicant is treated unfairly on any grounds including race, colour, nationality, ethnic or national origin, religion or religious belief, sex or sexual orientation, marital or civil partner status, disability or age.
- To ensure compliance with all relevant legislation, recommendations and guidance including the statutory guidance published by the Department for Education (DfE), Keeping Children Safe in Education – September 2018 (KCSIE), the Prevent Duty Guidance for England and Wale (the Prevent Duty Guidance) and any guidance or code of practice published by the Disclosure and Barring Service (DBS).
- To ensure that NMT meets its commitment to safeguarding and promoting the welfare of young people by carrying out all necessary pre-employment checks.
- NMT has a principle of open competition in its approach to recruitment and will seek to recruit the best applicant for the job. The recruitment and selection process should ensure the identification of the person best suited to the job at our centres based on the applicant’s abilities, qualification, experience, and merit.
- The recruitment and selection of employees will be conducted in a professional, timely and responsive manner and in compliance with current employment legislation, and relevant safeguarding legislation and statutory guidance.
- NMT will operate this procedure consistently and thoroughly while obtaining, collating, analysing, and evaluating information from and about applicants applying for job vacancies.
4. Roles and Responsibilities
- NMT employees involved in the recruitment and selection of employees are responsible for familiarising themselves with and complying with the provisions of this policy.
- If a member of NMT employees involved in the recruitment process has a close personal or familial relationship with an applicant, they must declare it as soon as they are aware of the individual’s application and avoid any involvement in the recruitment and selection decision-making process.
- It is the responsibility of the senior managers to:
- Ensure the centre has effective policies and procedures in place for recruitment of all employees and volunteers in accordance with legal requirements.
- Monitor the centre compliance with them.
5. Disclosure and Barring Service
- NMT is required to carry out an enhanced DBS check for all employees, volunteers and governors who will be engaging in regulated activity and/or viewing personal details of employees and learners.
- The enhanced DBS needs to be in place for any employee before they start working with learners one-to-one, or accessing their personal information. If it has not yet been provided, the employee must always be supervised by another employee (with an enhanced DBS) if they are with a learner. They would not have access to learner information until DBS completed.
- If there are past spent convictions, a panel will convene to decide a final decision and recommendations working from fact finding information and add to the risk assessment.
6. Recruitment and Selection Procedure
6.1 Advertising
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- To ensure equality of opportunity, NMT will advertise all vacant posts to encourage as wide a field of applicants as possible, usually this entails an external advertisement.
- Any advertisement will make clear NMT’s commitment to safeguarding and promoting the welfare of children and young people.
- All documentation relating to applicants will be treated confidentially in accordance with the Data Protection Act (DPA).
6.2 Application Forms
- NMT uses its own application form and all applicants for employment will be required to complete the form containing questions about their personal details, employment history and their suitability for the role (in addition all applicants are required to account for any gaps or discrepancies in employment history).
- The application form will include the applicant’s declaration regarding convictions and working with children and young people. There could be a self-disclosure form to complete.
- It is unlawful for NMT to employ anyone who is barred from working with children, as referred to in the Government DBS barring referral guidance. A person barred from working with children is breaking the law if they apply for a position at any NMT centres. All applicants will be made aware that providing false information is an offence and could result in the application being rejected, or summary dismissal if the applicant has been selected, and referral to the police and/or the DBS. For more information visit https://www.gov.uk/government/collections/dbs-referrals-guidance–2#barring-and-referral-guidance-
6.3 References
- References for short-listed applicants will be requested immediately following short-listing. The only exception is where an applicant has indicated on their application form that they do not wish their current employer to be contacted at that stage. In such cases, this reference will be requested immediately after the interview.
- All offers of employment will be subject to the receipt of a minimum of two references which are considered satisfactory by NMT.
- References will always be sought and obtained directly from the referee; their purpose is to provide objective and factual information to support appointment decisions.
- Any discrepancies or anomalies will be followed up. Direct contact by telephone may be undertaken with the referee to verify the reference.
- NMT does not accept open references, testimonials, or references from relatives.
6.4 Interviews
- Ideally interviews are conducted in person but will be take place virtually if this is not possible. A minimum of two interviewers must be present at all interviews.
- The interview process will explore the applicant’s ability to carry out the job. It will enable the panel to explore any anomalies or gaps identified, in order to satisfy themselves that the chosen applicant can meet the safeguarding criteria.
- At least one member of any interviewing panel must have undertaken safe recruitment training, or refresher training as applicable.
- Any information regarding past disciplinary action or allegations, cautions or convictions will be discussed and considered in the circumstance of the individual case during the interview process, where they have been disclosed on the application form.
6.5 Employment Checks
- An offer of appointment will be conditional, and all successful candidates will be required to:
- Provide proof of identity (copy of passport).
- Provide proof the right of work in the U.K. This is a copy of passport for UK or Irish citizens. (See Appendix 1 for more details).
- Complete an enhanced DBS application and receive satisfactory clearance.
- Provide actual certificates of qualifications.
- Complete a confidential health questionnaire.
- All checks will be:
- Confirmed in writing.
- Documented and retained on the personnel file.
- Recorded on the centre’s Single Central Record.
- Followed up if they are unsatisfactory or if there are any discrepancies in the information received.
- All employees to have a risk assessment and will be rag rated High, Med or low risk the idea of the risk assessment is to add control measures to bring the risk rating down.
- Employment will commence subject to all checks and procedures being satisfactorily completed.
6.6 Onboarding
- All employees and volunteers new to NMT will receive the NMT Employees Handbook and be taken through the Onboarding Process. These detail NMT processes and procedures, including information about appropriate conduct/behaviour. These expectations will form part of the new employees’ induction training.
7. Supply Employees
- NMT will only use agencies which operate a Safe Recruitment Policy and supply written confirmation that all relevant checks have been satisfactorily completed. Any information disclosed as part of the DBS check will be treated confidentially. These agencies should be able to demonstrate that their employees have received appropriate safeguarding training.
8. Contractors
- NMT require that all necessary checks and DBS requirements have been satisfactorily completed for contracted employees. All contractors will be supervised when on site.
Appendix 1- Right to Work
- A right to work check must be conducted before employing a person to ensure they are legally allowed to do the work.
UK and Irish citizens
- For UK and Irish citizens, a copy of a valid passport (current or expired) must be provided showing the holder is a British citizen or a citizen of the UK and Colonies having the right of abode in the UK. This must be saved in the employees’s folder on the General Personnel SharePoint so it can be accessed if necessary.
- Other forms of identification include a birth or adoption certificate issued in the UK, together with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer. More details on identification documents can be found on the Government Right to Work checks document.
EEA citizens
- The Immigration and Social Security Coordination (EU Withdrawal) Act 2020 ended free movement law in the UK on 31 December 2020 when the UK left the European Union (EU).
- NMT do not need to do checks for existing employees from the EU, EEA or Switzerland if they came to the UK before 1 July 2021.
- Since July 2021 EEA citizens are required to have immigration status in the UK. They can no longer rely on an EEA passport or national identity card to prove their right to work as this only confirms their nationality. They are required to provide evidence of lawful immigration status in the UK, in the same way as other foreign nationals.
EEA citizens granted status under the EU Settlement Scheme (EUSS)
- The majority of EEA citizens now prove their right to work using the Home Office online service. Where appropriate, the Home Office online service will advise when a follow-up check must be carried out. This online service can be found here- https://www.gov.uk/prove-right-to-work
- A sponsor licence would be needed to employ someone to work for you from outside the UK. This includes citizens of the EU, Iceland, Liechtenstein, Norway and Switzerland who arrived in the UK after 31 December 2020. For more information on this visit the Government website https://www.gov.uk/uk-visa-sponsorship-employers
Citizens from all other countries
- Citizens from all other countries are required to provide a current passport endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the UK, has the right of abode in the UK, or has no time limit on their stay in the UK.
- Anyone without the Right to Work in the UK will be refused employment with NMT.
- For more information and guidance on Right to Work, go to the Government website- https://www.gov.uk/government/publications/right-to-work-checks-employers-guide
Equality Impact Statement
New Meaning Training have a duty to consider the impact of changes on groups with Protected Characteristics (race, disability, age, sexual orientation, religion or belief, gender reassignment, pregnancy and maternity, marriage and civil partnership).
What are the overall aims of the change? Why are you proposing it? | The aim of this policy is to provide a framework to ensure that the guidelines are in place to support all stakeholders. |
Given the aims of your proposal, what issues does your data/information highlight? | Everybody is included within this policy, and all groups are given equability regarding their needs and provisions. |
How could the proposed change affect positively/negatively on groups with protected characteristics? | This has a positive impact on all groups with protected characteristics, as they are ensured equal treatment and provision based on their needs. Risk assessments may be carried out to ensure that this is the case and provisions maybe altered to accommodate specific needs. |
What actions will you take to mitigate any negative impact? | No negative impact to having this policy. |
Is there any potential negative impact justified considering wider benefits of the proposal? | No negative impact to having this policy. |
Recording final decision. | This policy requires CEO approval. |
Has the policy taken into consideration the requirements of GDPR regulations?
Are there any actions that need addressing, e.g. data sharing agreement; have data consent and data retention timescales been considered? |
GDPR regulations have been considered and actions comply with data protection requirements. |
POLICY AGREEMENT
Visit the link below and confirm you have read, understood and agree to adhere to this policy:
https://forms.office.com/e/cHK3hyWGTE
Should you experience any issues accessing the agreement, please contact Learning Services.