RECRUITMENT AND SELECTION POLICY (Replacing Policy No. 039 and 106.Workforce)

Transcription

1 RECRUITMENT AND SELECTION POLICY (Replacing Policy No. 039 and 106.Workforce) POLICY NUMBER TPWF/227 POLICY VERSION V.2 RATIFYING COMMITTEE Workforce Executive Committee DATE RATIFIED 24 August 2016 DATE OF EQUALITY & HUMAN RIGHTS IMPACT ASSESSMENT (EHRIA) TBC NEXT REVIEW DATE 01 August 2019 POLICY SPONSOR Director of HR and Organisation Development POLICY AUTHOR Associate Director of Resourcing, Workforce & Information EXECUTIVE SUMMARY: This policy states the Trust s position on recruitment and selection and defines the procedures that need to be followed. Recruiting the right people to the right posts within the Trust is essential in order to meet our service objectives. The Trust is committed to ensuring that recruitment and selection is carried out by competent, confident employees within current legislative boundaries, NHS guidance, and in a timely and cost-effective way. If you require this document in another format such as large print, audio or other community language please contact the Corporate Governance Office on or policies@sussexpartnership.nhs.uk

2 PAGE Quick reference guide 3 Flowchart Introduction Purpose Scope Definitions Duties and Responsibilities Recruiting Line Managers responsibilities Interview Panel Members responsibilities HR Recruitment Department responsibilities 7 6 Process Establishing the vacancy New or amended posts Process for advertising Hard to Recruit initiatives Interviewing process Short listing of candidates Selection Post interview process Pre-employment checks Withdrawals Induction 12 7 Training requirements 12 8 Monitoring compliance with, and effectiveness of, procedural 12 documents Appendix 1 Consultant Recruitment Process 13 Appendix 2 Fit and Proper Person Test Declaration Form 14 Appendix 3 Useful links 18 Page 2 of 18

3 QUICK REFERENCE GUIDE The must be followed in full when recruiting staff. For quick reference the guide below is a summary of actions required. This does not negate the need for the document author and others involved in the process to be aware of and follow the detail of this policy. 1. Establishing the vacancy Recruiting Manager creates a requisition through Stepchange system for approval by relevant budget holders and finance. Prepare and attach up to date advert, evaluated job description and person specification. 2. Advertising - Recruitment team advertise the job on NHS Jobs and any other relevant media, candidates apply through the application system. 3. Short-listing/Preparing Interview Following advert close, all applications will be accessed through NHS Jobs website by the Recruiting Manager for short-listing against the person specification and must be completed within three working days of the closing date. Interview invitations must be created by the Recruiting Manager via NHS Jobs. 4. Selection Each selected candidate will go through a selection process which should include a values and behaviors interview and the panel members will make their recommendation. Detailed notes will be recorded by each panel member and kept on file for twelve months for unsuccessful candidates and permanently on personal files for successful candidates. 5. Post interview process The preferred candidate(s) will be offered the position, subject to satisfactory pre-employment checks. The Recruitment Team will ensure all relevant preemployment checks are completed in line with the Trust Employment Checks policy. 6. Induction The recruiting manager will ensure that all necessary paperwork is completed and will plan and oversee the new starter s induction and training. SEE FLOWCHART (page 4) Page 3 of 18

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5 1.0 INTRODUCTION The must be followed in full when recruiting all staff to Sussex Partnership NHS Foundation Trust ( the Trust ). For Medical recruitment see process map in appendix 1. The Trust is committed to equality of opportunity in employment and the recruitment of a diverse workforce regardless of race, gender, age, religion, nationality, belief, sexual orientation, criminal conviction history or disability. The Trust aims to positively support the recruitment of a diverse workforce in line with our Equality & Diversity Policy and ensure this process does not place any barriers to an individual s recruitment. 2.0 PURPOSE The Trust recognises that the recruitment and selection of quality staff is central to the achievement of its business goals and objectives. As such, the Trust shall seek to recruit and retain the highest quality staff in a timely, professional and cost effective manner, whilst upholding the integrity of its professional, ethical and business standards. The Trust will utilise effective recruitment and retention practices to reduce dependency on bank and agency staffing wherever possible. 3.0 SCOPE All applicants for positions within the Trust must be selected for appointment on merit. The Trust will carry out recruitment activities and place advertisements (both internal and external) whilst acknowledging its responsibilities with regard to its own internal policies, employment legislation and best practice. All successful candidates will be required to undertake relevant pre-employment checks as outlined in the Policy and the Trust s Employment Checks policy. The Trust will aim to ensure that all staff involved in recruitment and selection undertake relevant training provided by the Trust or suitable partner organisations. Any staff subject to redeployment should refer to the Redeployment Policy. In the event of a major incident, the Trust recognises that it may not be possible to adhere to all aspects of this document. In such circumstances, staff should take advice from their manager and all possible action must be taken to maintain ongoing patient and staff safety. 4.0 DEFINITIONS DBS - (formerly known as CRB Criminal Records check)- Disclosing Barring System RM - Recruiting Manager HR Recruitment - Human Resources Recruitment Team STEPCHANGE - The Trust s electronic approval and recruitment software system NHS Jobs - Web-based national jobs board used to advertise and process applicants Page 5 of 18

6 5.0 DUTIES AND RESPONSIBILITIES The recruitment of staff is governed by guidelines issued from the Department of Health, and NHS Employers. This policy should be read in conjunction with the Trust s Employment Checks policy which covers all NHS Employers standards for Safer Recruitment in the NHS. The Human Resources Department is responsible for ensuring communication of legislative issues affecting recruitment. 5.1 Recruiting Manager s (RM) responsibilities: The RM is responsible for the following: gaining Stepchange and NHS Jobs website account and log in details ( recruitment@sussexpartnership.nhs.uk if required) identifying the vacancy and creating/submitting relevant documentation undertaking an exit interview of the post holder leaving the post if applicable reviewing the job description and person specification to ensure it is accurate, up to date and meets relevant legislation ensuring the post is graded in accordance with the Trust s Job Evaluation process creating a requisition in Stepchange and obtaining appropriate approval to recruit to a position and submitting the advert text, job evaluated job description and person specification participating in the recruitment and selection process shortlisting using NHS Jobs and creating interview invitations, providing appropriate input and information for any selection process i.e. presentation title, information on stakeholders providing feedback to unsuccessful applicants at short listing stage participating in the interview/selection process; declaring prior knowledge of a candidate understanding their responsibilities under equality and diversity legislation and acting in accordance with these, for example shortlisting any candidate with a disability who meets the essential criteria ensuring reasonable adjustments are made to ensure any candidate with a disability is able to attend for interview e.g. they can access the venue undertaking shortlisting of applicants in a timely fashion against the person specification ensuring the interview panel have a shared understanding of the role and the requirements of the appointment ensuring the chair of the panel has received appropriate recruitment and selection training Page 6 of 18

7 agreeing the questions that will be asked of each candidate at interview keeping detailed notes from the interview, including objective reasons for not appointing in line with the job description and person specification recording the decision of the panel verbally offering the position (subject to pre-employment checks) and negotiating starting salary and start date. (See Starting Salary Policy) completing the Interview Results Form and Interview Outcome Form and submitting to HR Recruitment team keeping in touch with Recruitment Account Managers in regards to the recruitment process checking that employment checks being undertaken are satisfactory, i.e. references; DBS; etc inducting new starters, including arranging IT, systems and security access 5.2 Interview Panel members responsibilities: Interview panel members are responsible for the following: undertaking recruitment and selection training participating in the recruitment and selection process understanding their responsibilities under equality and diversity legislation and act in accordance with these, for example shortlisting any candidate with a disability who meets the essential criteria undertaking shortlisting of applicants in a timely fashion against the person specification attending the interview panel or providing a nominated deputy declaring prior knowledge of a candidate keeping detailed notes from the interview providing feedback to unsuccessful candidates if required 5.3 Human Resources Recruitment Team: The Human Resources Department is responsible for the following: ensuring effective and robust systems and processes are in place throughout the recruitment and selection process in line with good practice providing appropriate training for those involved in the recruitment process Page 7 of 18

8 advising and supporting the recruiting panel throughout the process as appropriate providing advice for Recruitment Managers as required throughout the process including advice on most effective advertising medium including social media (twitter/linked-in/job boards) and success of previous recruitment campaigns in particular for hard to recruit posts and areas creating and maintaining Recruitment Managers access to systems checking adverts and job descriptions/person specifications for compliance advertising positions and coordinating the recruitment process taking into account previous recruitment campaigns and their effectiveness ensuring equality and diversity information for applicants is recorded on NHS Jobs advising the recruiting manager in the event that any candidate declares they have a disability and providing advice on reasonable adjustments undertaking all pre-employment checks in line with the Employment Check Policy developing and acquiring comprehensive knowledge of services in order to provide excellent advice for recruiting managers Issuing all offer letters/contract of employment Entering all new starter information onto ESR Ensuring all information pertaining to this process is kept securely and is destroyed appropriately within the correct timeframe Producing data and management information on recruitment activity 6. PROCESS 6.1 Establishing the Vacancy The recruiting/line manager is responsible for identifying when there is a vacancy to be recruited to. The recruiting/line manager will be responsible for overseeing the recruitment and induction process. This will include planning the recruitment timetable at the outset. The recruiting/line manager will also be responsible for completing the Stepchange requisition form and attaching the advert text, job description and person specification. The person specification must outline the minimum qualifications, skills and experience required to perform the job. 6.2 New or Amended Posts The recruiting/line manager is responsible for ensuring that any post, either new posts or amended job descriptions, is approved through the Job Evaluation process within the HR department. Page 8 of 18

9 6.3 Process for Advertising Posts will be advertised by the HR Recruitment Team once approved through Stepchange system. Job bands 1-5 are automatically advertised through government Job Centres in addition to the NHS Jobs website. However, non-medical jobs will not routinely be advertised in any other journals or publications, unless the post is identified by the recruiting manager as one that may be difficult to recruit to. All medical posts will be advertised externally in British Medical Journal (BMJ) publication. Social media platforms can be utilised to advertise certain posts if required such as Linked In, Twitter and Facebook, as well as in external media, where posts are hard to recruit it is advisable to consider several forms of media, this could include, specialists journals, newspapers, jobs board, radio etc. Interview dates should be publicised in the advertisement. This increases the likelihood of candidates being available for interview and hence speeds up the recruitment process. Managers may also wish to consider the use of rolling campaigns/ open days and assessment centres, where a number of similar posts or a number of posts in the same department are being recruited to at the same time Hard to recruit initiatives The Trust has introduced a number of initiatives to encourage and attract applicants, for posts which are hard to recruit such as Golden Hello s and Fringe Allowances. Such initiatives can be used in the advert to attract applications and advice on these can be obtained from Recruitment Account Managers, HR Business Partners and other Resourcing staff members. The Recruitment Team will advertise the post within 2 working days of all information being received and approved through the Stepchange system, once the post is advertised a confirmation will be sent to confirm the advert details. Recruiting managers should block out time to shortlist applications, as soon as possible after the closing date to prevent losing applicants to other organisations. 6.4 Pre-Interview Process Application will be by electronic application form. Applicants will be asked to include specific information indicating how they meet the essential requirements identified on the person specification. 6.5 Short-listing of Candidates On the next working day following the closing date of the vacancy, copies of all applications received will be accessible to the recruiting manager on the NHS Jobs website. Short listing will be carried out on NHS Jobs against the person specification by the recruiting/line manager and must be completed within 3 working days of the closing date. The short listing scores and feedback are retained for 12 months on NHS Jobs as they may be required, should the selection decision be challenged. Any applicant who has declared they have a disability and meets the essential criteria should be shortlisted for interview. The recruiting/line manager is responsible for ensuring all reasonable adjustments are made to ensure they can attend for interview. Further advice can be sought from the Recruitment Team. Page 9 of 18

10 It is recommended at this stage that any unsuccessful applicants are notified by the recruiting manager via NHS Jobs. At this stage feedback will not routinely be offered, but if requested must be provided by the recruiting manager. The recruiting manager will then create interview details via the NHS Jobs website and invite candidates accordingly. The candidate must be advised of any selection methods that are to be utilised i.e. presentation, interview, assessments, etc. If a presentation to an invited audience is required as part of the recruitment process, the recruiting/line manager is responsible for organizing the attendance of key stakeholders. 6.6 Selection The candidate should be asked to bring with them to interview: verification of identification, proof of right to work, proof of current address, current registration with any professional body and certificates of qualifications where appropriate. Prior to the commencement of the interviews, the Chair of the interview panel, normally the recruiting/line manager, will ensure that the panel agree a common understanding of the criteria drawn from the job description and person specification. He/she will agree the relevant questions to be asked and the order in which this will take place. These should include questions to verify suitability of candidates in line with the Trust s Values and Behaviours Framework. Any panel member with prior knowledge of a candidate must declare this to the panel. If a conflict of interest is identified e.g. interviewing a relative; spouse, etc, the panel member should be replaced. Each candidate will be interviewed and the panel members will make their recommendation. Notes should be taken on each candidate by the panel members, along with detailed notes recording the decision made. These notes should be submitted to the HR Recruitment Team with the interview outcome form and will be retained in line with appropriate guidance. The decision of the panel must be based on the information received during the selection process and based solely on the candidate s suitability for the post when compared with the person specification. 6.7 Post Interview Process The Chair of the panel is responsible for ensuring the decision is recorded on the Interview Results Form (IRF) for the successful candidate/s and on an Interview Outcome Form for those not appointed. All documentation pertaining to the selection process should be retained by the chair for 12 months, should the selection decision be challenged. Following the selection process the preferred candidate should be verbally offered the position by the recruiting/line manager, subject to satisfactory pre-employment checks. They should confirm the starting salary under Agenda for Change Terms and Conditions of Service. Please see starting salaries policy. The Interview Results Form should be completed by the recruiting manager and sent to recruitment@sussexpartnership.nhs.uk. The conditional offer will be sent by from the recruitment team within 48 hours of the information being received. Page 10 of 18

11 Upon receipt of the IRF for successful candidates, the recruitment team will ensure all relevant pre-employment checks are completed in line with the Employment Checks policy at this time, including references. There is a fast-track protocol for internal applicants and those who currently work on the Trust bank. Unsuccessful candidates have the right to request feedback on their interview from recruiting managers Pre-employment Checks Managers in the Trust are responsible for ensuring that they are familiar with up-to-date information on the employment clearances required for the posts that they manage, in line with the Employment Check Policy. This is particularly important when managers are recruiting new employees. Managers chairing recruitment panels are expected to conduct an initial verification of identity and qualifications of all candidates. Managers chairing recruitment panels also make the final decision about the employment of a candidate. Offers of employment in writing should only be made by the recruitment team, who will ensure the required pre-employment checks are carried out, in line with the Employment Check Policy. The recruitment team will share references with recruiting managers prior to a final offer of employment being made to successful candidates. The recruitment team will advise both candidate and recruiting manager once the employment checks are complete and satisfactory. Fit and Proper Person requirement ( The Trust is required to take proper steps to ensure Directors (both Executive and Non- Executive) are fit and proper for the role and will, therefore carry out all necessary checks to confirm that persons appointed to these roles are: Of good character Have the appropriate qualifications Are competent and skilled Have the relevant experience and ability Exhibit appropriate personal behaviour and business practices; and, Have not been responsible for or known, contributed to or facilitated any serious misconduct or mismanagement in carrying out regulated activity The Fit and Proper Persons Test declaration form can be found in Appendix Withdrawal of Employment If consideration is being given to withdrawing an offer, candidates should first have an opportunity to explain or clarify, and it may be necessary to seek more information from the applicant/referee in order to rule out the possibility of a simple misunderstanding or mistake. Given the possibility for bias and subjectivity, caution should be exercised before any decision is taken to withdraw a job offer on the grounds of a poor reference. Recruiting Managers should take advice from the HRBP, prior to discussing an unsatisfactory reference with a candidate as well as advice from Occupational Health if the reason for the intended withdrawal is based on health or sickness absence. Page 11 of 18

12 If a potential employee is not responding to requests from recruitment, the recruitment manager will be informed and the candidate will be given a date to respond, failure to respond will result in the offer being withdrawn. Any decision to withdraw an offer should be made in writing by the recruiting manager, after obtaining advice from HR and in the light of relevant employment legislation. 6.9 Induction Start dates must be decided between the candidate/s and the recruiting/line manager, who is then responsible for planning and overseeing the new starter s induction. The recruiting/line manager should ensure that the new starter attends the corporate induction day and meets with the key individuals within the department/trust and receives a thorough local induction. They should also identify any initial development needs for the new appointee and implement plans to address these. The recruiting/line manager must ensure that the newly appointed member of staff s objectives are reviewed three months after commencing employment. 7. TRAINING REQUIREMENTS All staff chairing the recruitment and selection panels should have had recruitment and selection training. All staff within the Human Resources team who are responsible for advising managers on the recruitment and selection process will have received training as part of their induction and also received on-going updates in relation to employment legislation. 8. MONITORING COMPLIANCE WITH, AND THE EFFECTIVENESS OF, PROCEDURAL DOCUMENTS The Human Resources team will undertake a check of all pre-employment checks prior to an individual being placed on the payroll system Pre-employment checks not undertaken will be risk assessed by the line manager or recruitment manager and the risk assessment placed on the individuals personal file The Human Resources team will monitor equality and diversity information A regular audit of recruitment files will be undertaken by Human Resources and/or internal audit to ensure compliance with the above Page 12 of 18

13 Appendix 1: Consultant Recruitment Process When What Who Within 5 days Recruiting Manager, DLT, DMD agree to fill post within 5 days of notification of vacancy RECRUITING MANAGER Within 15 days Complete JD and obtain RCPsych Approval RECRUITING MANAGER Within 15 days Arrange AAC panel in line with national guidelines EMD OFFICE Within 15 days Arrange Focus Groups in line with national guidelines RECRUITING MANAGER Within 1 day of RC approval Raise requisition on Stepchange with JD and RC approval letter for Stepchange approval RECRUITING MANAGER Within 2 days of SC approval Convert to vacancy on Stepchange and arrange generic advert on NHS jobs and BMJ using call off order Purchase Order number RECRUITMENT TEAM 1 day after advert closes Advert closes, notify AAC Panel part A is ready for shortlisting RECRUITMENT TEAM 3 days after advert closes Shortlisting completed via NHS Jobs AAC PANEL 1 day after shortlist Send invite letters to candidates and request references RECRUITMENT TEAM 1 day after shortlist Confirm dates/times to AAC Panel RECRUITMENT TEAM 5 days before AAC Panel Complete and send paper job pack to AAC Panel members RECRUITMENT TEAM Agreed date AAC Panel convenes AAC PANEL Same day - AAC Panel Candidate checks completed RECRUITMENT TEAM Same day - AAC Panel Advise successful/unsuccessful candidates. Agree provisional start dates. AAC PANEL 1 day post AAC panel Complete interview outcome documentation and send to HR MEDICAL STAFFING MANAGER 5 days post AAC panel Welcome letter sent to successful candidates and all paperwork copied to HR RECRUITMENT TEAM 2 days post AAC panel Conditional offer letter generated - Stepchange updated RECRUITMENT TEAM 5 days from date of CO letter Candidate contacts recruitment within 5 days of date of CO letter to present documentation CANDIDATE 1 day of receipt of each Check: DBS, ID, OH, GMC Registration, S12, Approved Clinician, qualifications, start date. RECRUITMENT TEAM 1 day of receipt of start date Unconditional offer letter/t&cs agreed and issued RECRUITMENT TEAM Page 13 of 18

14 Appendix 2 Fit and Proper Persons Test Annual Declaration For Director and Director-equivalent Posts DECLARATION: 1. It is a condition of employment that those holding director and director-equivalent posts provide on appointment and thereafter on demand, confirmation in writing of their fitness to hold such posts. Your post has been designated as being such a post. Fitness to hold such a post is determined in a number of ways, including (but not exclusively) by the Trust s Provider Licence, the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, and the Trust s Constitution. 2. By signing this declaration you are confirming that; i. you do not fall within the definition of an unfit person or any other criteria set out below, and that you are not aware of any pending proceedings or matter which may call such a declaration into question. ii. you understand and will comply with your obligation to disclose any matters that may arise from the date you sign this declaration and which may affect your fitness to hold your post thereafter. Provider Licence 3. Condition G4(2) of Sussex Partnership NHS Foundation Trust s Provider Licence ( the Licence ) provides that the Licencee shall not appoint as a director any person who is an unfit person, except with the approval in writing of Monitor. 4. Licence Condition G4(3) requires the Licencee to ensure that its contracts of service with its directors contain a provision permitting summary termination in the event of a director being or becoming an unfit person. The Licence also requires the Licencee to enforce that provision promptly upon discovering any director to be an unfit person, except with the approval in writing of Monitor. 5. An unfit person is defined at condition G4(5) of the Licence as: (a) an individual; i. who has been adjudged bankrupt or whose estate has been sequestrated and (in either case) has not been discharged; or Page 14 of 18

15 ii. iii. iv. who has made a composition or arrangement with, or granted a trust deed for, his creditors and has not been discharged in respect of it; or who within the preceding five years has been convicted in the British Islands of any offence and a sentence of imprisonment (whether suspended or not) for a period of not less than three months (without the option of a fine) was imposed on him; or who is subject to an unexpired disqualification order made under the Company Directors Disqualification Act 1986; or (b) a body corporate, or a body corporate with a parent body corporate: i. where one or more of the Directors of the body corporate or of its parent body corporate is an unfit person under the provisions of sub-paragraph (a) of this paragraph, or ii. iii. iv. in relation to which a voluntary arrangement is proposed under section 1 of the Insolvency Act 1986, or which has a receiver (including an administrative receiver within the meaning of section 29(2) of the 1986 Act) appointed for the whole or any material part of its assets or undertaking, or which has an administrator appointed to manage its affairs, business and property in accordance with Schedule B1 to the 1986 Act, or v. which passes any resolution for winding up, or vi. which becomes subject to an order of a Court for winding up Health and Social Care Act 2008 (Regulated Activities) Regulations Regulation 5 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 states that the Trust must not appoint or have in place an individual as a director, or performing the functions of or equivalent or similar to the functions of, such a director, if they do not satisfy all the requirements set out in paragraph 3 of that Regulation. 7. The requirements of paragraph 3 are that: (a) the individual is of good character (b) the individual has the qualifications, competence, skills and experience which are necessary for the relevant office or position or the work for which they are employed (c) the individual is able by reason of their health, after reasonable adjustments are made, of properly performing tasks which are intrinsic to the office or position for which they are appointed or to the work for which they are employed; (d) the individual has not been responsible for, privy to, contributed to or facilitated any serious misconduct or mismanagement (whether unlawful or not) in the course of carrying on a regulated activity or providing a service elsewhere which, if provided in England, would be a regulated activity; and (e) none of the grounds of unfitness specified in Part 1 of Schedule 4 apply to the individual. Page 15 of 18

16 8. The grounds of unfitness specified in Part 1 of Schedule 4 are: (a) the person is an un-discharged bankrupt or a person whose estate has had sequestration awarded in respect of it and who has not been discharged (b) the person is the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order or an order to like effect made in Scotland or Northern Ireland (c) the person is a person to whom a moratorium period under a debt relief order applies under Part VIIA (debt relief orders) of the Insolvency Act 1986 (d) the person has made a composition or arrangement with, or granted a trust deed for, creditors and not been discharged in respect of it (e) the person is included in the children s barred list or the adults barred list maintained under section 2 of the Safeguarding Vulnerable Groups Act 2006, or in any corresponding list maintained under an equivalent enactment in force in Scotland or Northern Ireland (f) the person is prohibited from holding the relevant office or position, or in the case of an individual for carrying on the regulated activity, by or under any enactment. Trust s Constitution 9. The Trust s constitution places a number of restrictions on an individual s ability to become or continue as a director. Paragraph 26 states that a person may not become or continue as a member of the Board of Directors if: i. a person who has been adjudged bankrupt or whose estate has been sequestrated and (in either case) has not been discharged ii. a person who has made a composition or arrangement with, or granted a trust deed for, his creditors and has not been discharged in respect of it iii. a person who within the preceding five years has been convicted in the British Isles of any offence if a sentence of imprisonment (whether suspended or not) for a period of not less than three months (without the option of a fine) was imposed on him iv. They are the spouse, partner, parent or child of a member of the board of directors v. They are subject to a disqualification order made under the Company Directors Disqualification Act 1986 vi. He has had his name removed from a list maintained under regulations pursuant to sections 91, 106, 123 or 146 of the 2006 Act, or the equivalent lists maintained by Local Health Boards in Wales under the National Health Service (Wales) Act 2006, and he has not subsequently had his name included in such a list vii. In the case of a non-executive director they are no longer a member of one of the public or service user constituencies viii. In the case of the non-executive director nominated by the Medical School, that they no longer exercise these functions on behalf of the Medical School ix. They have within the preceding two years been dismissed, otherwise than by reason of redundancy from any paid employment with a health service body x. They have a tenure of office as a chair or as a member or as a director of a health service body terminated on the grounds that their appointment is not in the interests of Page 16 of 18

17 xi. xii. the health service, for non-attendance at meetings or for non-disclosure of a pecuniary interest In case of a non-executive director if they have failed without reasonable cause to fulfil any training requirement established by the council governors They have refused to sign and deliver to the Secretary a statement in the prescribed format confirming acceptance of a Code of Conduct for Directors I acknowledge the extracts from the Provider Licence, Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, and the Trust s Constitution above, and I confirm that I do not fit within the definition of an unfit person as listed above and that there are no other grounds under which I would be ineligible to continue in post. I undertake to notify the Trust immediately if I no longer satisfy the criteria to be a fit and proper person or other grounds under which I would be ineligible to continue in post come to my attention. Name: Signed: Position: Date: Page 17 of 18

18 Appendix 3 Useful links Information on Employment Checks Policy Equality and Diversity Policy Starting Salary Guidance Link Employment Checks Policy Equality and Diversity Policy Starting Salaries - Non Medical Staff Policy General Recruitment information including forms and team contact numbers and SLA s General information Page 18 of 18