Pre-employment screening processes

Transcription

1 UAS Conference Series 2013/14 Pre-employment screening processes Tonya Iasisen & Tim Currie Personnel Services 26 June September 2010 Page 1

2 Aims of the session To introduce revised guidance on the website Some tidied up Some significantly revised or new (DBS, UOHS pre-employment health questionnaire, social media) Refresher in general pre-employment principles and processes Page 2

3 Reasons for changes and updates RTW changes will cover at the end DBS changes Shift in emphasis since guidance drafted Introduction of the DBS Update Service UOHS process change Streamlined / made electronic Aims to avoid screening being missed Staff disability officer World changed - social media Recent cases Page 3

4 What is pre-employment screening and why do it? Supplementing evidence from application and interview Because we need to know: if a candidate is who they say they are if they have the qualifications and skills you need if they have the experience they claim to have whether there are any reasons they cannot or should not do the work you are offering Page 4

5 Overarching considerations Any checking or screening must be Legal Proportionate Transparent candidates must be advised Carried out in accordance with principles of: Data Protection Act Equality Act Rehabilitation of Offenders (new disclosure periods) Protection of Freedoms Page 5

6 Standard compulsory checks (All new staff, including transferees) What? How? Is the candidate who they say they are? Do they have the qualifications, skills, experience they claim? Are there any blocks/bars/reasons not to employ or adjustments you need to make? RTW doc and proof of address Proof of qualifications/registrations Take up references Check employment history explore gaps Pre-employment health clearance Over EJRA Left under OMIS, settlement agreement, dismissal or other Criminal record disclosure Page 6

7 References General Purpose: to establish facts of employment (or academic qualifications) and provide further evidence of candidate s abilities / experience /qualifications Two acceptable references; ideally from line managers (NB verify previous University employment) If high-security post, independently verify referee too If reference is critical, approach with caution When to take up? After interview & before formal offer of employment (NB academics!) Can make offer subject to satisfactory references but mindful of non-supply of references / negative references scenarios Only approach referees where consent by candidate given Page 7

8 Pre-employment health screening principles Clearance must be received before work commences Employer duty of care (legal requirement!) Safety-critical roles Specific hazards Assessing to establish there are no medical reasons they shouldn t do the job, e.g. some conditions preclude driving or working in certain labs type of work may exacerbate pre-existing health condition Opportunity to disclose disability that requires adjustments & to contact disability officer (Access to Work scheme) Page 8

9 New process for medical health clearance from 1 July 2014 Rationale: simpler, quicker, more role-specific, relevant Emphasis on disclosing disability so can make adjustments and enable contact with Disability officer Requires more information in job description (physical demands and hazards) Core-generated questionnaire and template Electronic process (sending / receiving form) Easier to monitor / track questionnaires Page 9

10 Questionnaire: step-by-step process Questionnaire produced in Word - editable to candidate with instructions (UOHS CC d) Candidate completes the form and s back to UOHS UOHS take 48 hours to assess form once received (unless problems/additional info needed) Assessment outcome only ed back to department If this is not received 1 week before employment should commence, candidate to be chased by recruiting officer! Flow chart available Page 10

11 How the new questionnaire is generated Page 11

12 Pre-employment health questionnaire Page 12

13 Additional checks Role-specific e.g. working with, or work involving research using animals clinical posts work involving regulated activity with children/adults work requiring access to (or knowledge of the location of) certain irradiators, pathogens and toxins access to highly sensitive financial or personnel information / valuable items. Page 13

14 Responsibilities of recruiting officer or administrator: Be familiar with requirements (DPA, Rehabilitation of Offenders, etc) Interpret any adverse findings (Key!) Decided whether to pass on to panel appropriately Risk assess/consider any safeguarding measures (also a wider departmental responsibility) Comply with strict record-keeping requirements new DBS check pro-forma Page 14

15 Disclosure and Barring Service (DBS) DBS replaced CRB and ISA in 2012 under Protection of Freedoms Act 2012 What is a DBS check? A DBS disclosure will reveal unspent criminal convictions An enhanced check will also check whether someone is on one of the barring lists Children or Adults Who to check? Eligibility rules (only legal if post is eligible ) But for some posts legally required: regulated activity with children and vulnerable adults - criminal offence to engage someone in a role they are barred from working in Page 15

16 If you do carry out a DBS check How? Vetting and Screening team (OUSS) if new application Update service if the individual is registered What happens if you get a record declared? Not automatically unsuitable for employment (but maybe in certain roles) Consider nature of offence, explanation of individual, risks, requirements and possible safeguards Do you need to repeat check? Page 16

17 Other additional checks University Enhance Level Screening (UELS) Customised to needs of specific role Use of external agencies (e.g. DBS, Disclosure Scotland, etc) ID / background checks Specialised web searches Credit checks limited scope / rare (part of UELS) Applicability - Summary of all pre-employment checks pdf (hand-out) Contact Vetting and Screening team in Security Services for further details Page 17

18 Social Media Problematic area *new guidance* Tips: Does the nature of the role make a search reasonable? If yes, should be carried out professionally (Security Services vetting team will advise) Will the information be accurate? (Wikipedia!) Does the individual know you are searching? If you find anything adverse you must give a right of reply Respect distinction between a personal profile and a professional profile (e.g. LinkedIn v Facebook) Page 18

19 Provisos Limitations of screening Criminal records only show those who have been caught! Meaningful information? Unnecessary intrusion into private life? Risk assessment and safeguarding measures are key Risk assess activities Safeguarding e.g. limiting 1:1 contact, restricting cash-handling, etc Page 19

20 Overseas applicants & external searches UK agencies do not have access to overseas criminal records or other relevant information Overseas applicants can be asked to get a criminal record check or a Certificate of Good Character Must apply in the country or to the relevant embassy in the UKseek permission from the candidate But - do you need to have criminal history? Additional care with other checks (such as referencing) Security Services vetting team can advise Page 20

21 Timing Pre-employment screening starts before vacancy is advertised Consider requirements of the role, e.g: Work with vulnerable groups / children, pathogens and toxins, or animals? Physical demands which cannot be adjusted, e.g. driving, working at height etc? Other (access to highly sensitive data, resources?) Update job description template and ensure requirements inc. screening are clear to applicants Page 21

22 Also Updated candidates notes Proof of RTW guidance Reference and entitlement to verify within University DBS and Security screening Context (won t unfairly discriminate) Page 22

23 **Record keeping** Keep up-to-date records in CoreHR & personnel files DPA obligations DBS Code of practice Subject access requests! Page 23

24 STAFF IMMIGRATION TEAM REPLACES WORK PERMITS DESK Page 24

25 Staff Immigration Team: upcoming changes New processes to improve compliance New and revised policies (absence and RTW) Training and support outreach to departments and colleges Emphasis on use of entering right to work details into CoreHR for audit Key senior contact in departments and colleges responsible for compliance Communication with academics and migrants Page 25

26 Sponsored Migrants What s New? Data for sponsored migrants to be held centrally by Staff Immigration Team New forms and guidance for : 1. Recruitment phase CoS application 2. On Arrival in Oxford 3. During and end of employment Training in June and July will explain new process and provide refresher training Page 26

27 Right to work who MUST have a right to work check? All employees paid via payroll All casuals paid via payroll Tier 5 sponsored migrants Must be completed before person starts any work All RTW checks to be recorded in CoreHR (incl. Tier 5) Immigration checks for business, academic, Permitted Paid Engagement visitors keep until they leave Page 27

28 Training Please sign up to our training sessions running throughout July which will cover: Staff immigration refresher and introduction to new processes, forms and guidance Right to Work refresher and introduction to recent HO changes and new CoreHR Right to Work screen Booking: Page 28

29 QUESTIONS Page 29