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1 RECRUITMENT AND SELECTION POLICY This policy should be read and used in conjunction with the associated NHS Western Isles Best Practice Guidelines in Recruitment and Selection available on the Intranet or from the Human Resources Department. Approval date: October 2010 Review date: October

2 INDEX PAGE 1. Introduction 3 2. Purpose 3 3. Principles and Aims 4 4. Scope 4 5. Best Practice and Support Measures 5 6. Legal Framework and Associated Policy 6 7. Data Protection 7 8. Recruitment Activity Monitoring and recording 8 9. Equal Opportunities and Social Inclusion Monitoring and Review 9 2

3 1 INTRODUCTION 1.1 NHS Western Isles promotes a culture where staff are recruited on the basis of ability without discrimination or prejudice. The Recruitment and Selection Policy and Procedure support and endorse this principle. 1.2 Recruitment is an investment decision with long term implications. Successful recruitment is more than filling a vacancy, it depends on finding applicants with the appropriate level of skills, knowledge and experience who will identify with the aims and values of the organisation and make a contribution towards it. 1.3 Recruitment involves a continual and important interface with the public, which reflects on the organisation and has a significant public relations implication for NHS Western Isles. 1.4 This policy incorporates the requirements of The Scottish Government Partnership Information Network (PIN) "Safer Pre and Post Employment Checks Policy for NHS Scotland. 1.5 The above PIN applies to the recruitment of all individuals, however not all elements of this policy and associated procedure apply to Medical and Dental Staff who have their own overriding regulations (see CEL 25/2009). 1.6 In addition, where Agenda for Change is referred to in this policy and procedure, including evaluation outcomes and Knowledge and Skills Framework (KSF), this is not applicable to Medical and Dental Staff, Executive and Senior Managers. 1.7 The detailed recruitment and selection guidelines which support this policy can be found on the NHS Western Isles Intranet site and can also be obtained from the Human Resources Department or online (Intranet) 2 PURPOSE 2.1 This document has been produced specifically to assist recruitment by specifying both the principles and process as well as outlining the service provided by the NHS Western Isles Human Resources Department and the roles and responsibilities of management. 3

4 3 PRINCIPLES AND AIMS NHS Western Isles aims to: 3.1 Employ people with required competences to meet NHS performance targets and health policy objectives without undue delay and in line with best practice; 3.2 Ensure contemporary, consistent and efficient recruitment processes that are inclusive of all talent sources and comply with relevant employment legislation (including robust pre-employment checks for all posts); 3.3 Ensure mandatory Scottish Government Health Department additional procedures are followed for recruiting overseas staff; 3.4 Ensure equal opportunities for employment and promotion within our organisation are open to all with the appropriate qualifications, knowledge, skills and/or experience; 3.5 Establish a recruitment process that will ensure that employees are chosen using relevant, objective criteria that are without discrimination or prejudice; 3.6 Ensure that the NHS Western Isles Recruitment Process is transparent and open to scrutiny; 3.7 Provide staff involved in recruitment with training and awareness raising in the application of this policy, associated guidelines and the necessary legal requirements; 3.8 Establish networks with other organisations both locally and nationally to recruit staff, particularly in relation to social inclusion initiatives; 3.9 Implement reasonable adjustments, where appropriate, to empower and enable people with disabilities to attain and remain in employment. 4 SCOPE 4.1 This policy covers all employees and potential employees of NHS Western Isles. It applies to recruitment within all disciplines and for all posts except those governed by national agreements such as consultant medical posts that specify other arrangements (refer to CEL 25/2009). 4.2 To ensure best practice in recruitment and selection, and to comply with 4

5 legal obligations, NHS Western Isles requires line managers to take responsibility for the recruitment and selection process within their departments. The Human Resources Department will provide specific support and professional advice and guidance throughout the process, where appropriate. 5. BEST PRACTICE AND SUPPORT MEASURES Through the application of this policy NHS Western Isles will ensure that: All vacant posts will be advertised, in compliance with Equal Opportunities Legislation and to encourage staff development. All Secondments, Redeployments and Fixed Term contracts will be managed in accordance with NHS Western Isles Policy, best practice and current employment law. Ethnic origin and diversity information will be requested from each applicant, although applicants have the legal right to decline disclosure. The information collected will be collated and form part of NHS Western Isles annual Workforce Monitoring Report; Information for candidates will include Job description, Person Specification, Knowledge and Skills Framework (KSF) Outline and Band (where appropriate), Terms and Conditions, together with an explanation of the selection process; Competency based structured interview is the preferred method of selection. Testing and other techniques, e.g. presentations, psychometrics etc., may be used for supportive evidence. The needs of applicants with disabilities are met, as required by the Disability Discrimination Act 2005; No appointments will be made without a selection interview taking place with the exception of potential redeployments (please refer to NHS Western Isles Redeployment Policy for full details); All interviewed candidates will be offered the opportunity of feedback from a panel member; Human Resources advisers are available to provide advice on recruitment and staff development; 5

6 All records of short listing and interview decision making forms are completed and must be returned to the Human Resources Department for a period of six months after the interview date before being destroyed. This is required in the event of general queries or if unsuccessful candidates claim unlawful discrimination in the interview process. 6. LEGAL FRAMEWORK AND ASSOCIATED POLICIES 6.1 NHS Western Isles Recruitment and Selection policy and procedures aim to comply with relevant current and future legislative requirements as well as other related policy and codes of practice, as listed below: The main Acts and Regulations relating to the management of recruitment are listed below: Equal Pay Act 1970 and subsequent amendments Health and Safety at Work etc. Act 1974 Rehabilitation of Offenders Act 1974 and Police Act 1997 Protection of Children (Scotland) Act 2003 Sex Discrimination Act 1975 and Amendment Regulations 2003 Race Relations Act 1976 and Race Relations (Amendment) Act 2003 Trade Union and Labour Relations (Consolidation) Act 1992 Trade Union Reform and Employment Rights Act 1993 Disability Discrimination Acts 1995 and 2005 Immigration, Asylum and Nationality Acts 1996 and 2006 Employment Rights Act 1996 Working Time Regulations 1998 and Amendment Regulations 2006 Data Protection Act 1998 Freedom of Information Act 2002 Human Rights Act 1998 Employment Relations Acts 1999 and 2004 Sex Discrimination (Gender Reassignment) Regulations 1999 Part Time Workers (Prevention of Less Favourable Treatment) Regulations

7 Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 Employment Equality (Religion or Belief) Regulations 2003 Employment Acts 1989 and 2002 National Minimum Wage Act 1998 and Amendment Regulations 2006 Equal Treatment Amendment Directive 2003 Employment Equality (Sexual Orientation) Regulations 2003 Gender Recognition Act 2004 Civil Partnership Act 2005 Employment Equality (Sex Discrimination) Regulations 2005 Employment Equality (Age) Regulations 2006 Equality Act 2006 Associated Policies Redeployment Policy Secondment Policy Fixed Term Contracts Policy Organisational Change Policy Job Evaluation Policy Safer Pre and Post Employment Checking, Partnership Information Network (PIN) Policy, December 2007 Equal Opportunities Policy Employee Support Policy (including Flexible Working, Job Share etc). Disclosure Scotland Policy 2007 Code of Practice for the International Recruitment of Healthcare Professionals in Scotland, March 2006 Interagency Guidelines for Child and Adult Protection Adults with Incapacity (Scotland) Act 2000 Mental Health (Care and Treatment) (Scotland) Act

8 Adult Support and Protection (Scotland) Act 2007 Protection of Vulnerable groups (Scotland) Act DATA PROTECTION 7.1 The recruitment process inevitably involves the collection of personal information (and sensitive data), which is subject to the standards imposed under data protection legislation and codes of practice. NHS Western Isles commits to protect and keep secure all personal data, to process it in accordance with the Regulations, and to allow subject access, as far as appropriate, when requested. 8. RECRUITMENT ACTIVITY MONITORING AND RECORDING 8.1 There are systems in place to enable NHS Western isles to record relevant equality and diversity information on all candidates who apply, are shortlisted and then appointed. The information monitored will be age, disability, ethnicity, gender (including transsexuals), religion/belief and sexual orientation. Analysing this information will help us to meet statutory obligations and to ensure the composition of our workforce reflects the diversity in the local community. 9. EQUAL OPPORTUNITIES AND SOCIALISATION 9.1 Objective criteria for selection must be used. Staff must be appointed or promoted according to their qualifications, knowledge, skills, abilities, training and experience. The recruitment process must be discriminationproof to ensure equal opportunities for every applicant. All staff involved in the recruitment and selection process must be trained in the necessary legal and procedural requirements. 10. MONITORING AND REVIEW 10.1 This policy will be monitored and reviewed by the NHS Western Isles HR Forum and Area Partnership Forum every 2 years. 8