Recruitment, Selection and Appointment

Transcription

1 Recruitment, Selection and Appointment Who Should Read This Policy Target Audience Managers Version 2.0 November 2016

2 Ref. Contents Page 1.0 Introduction Purpose Objectives Process Equal Opportunities Promotion and Marketing of the Trust Service Modernisation Attracting Candidates Selecting Candidates Appointing Candidates Commencing Employment Procedures connected to this Policy Links to Relevant Legislation Links to Relevant National Standards Links to other Key Policies References Roles and Responsibilities for this Policy Training Equality Impact Assessment Data Protection and Freedom of Information Monitoring this Policy is working in Practice 13 Version 2.0 November

3 Explanation of terms used in this policy Employment Checks - Checks that are required prior to the commencement of a prospective candidate into a post and during employment for certain staff. Employment Checks include Occupational Health, Employment History and References, Disclosure and Barring Checks, Right to Work Checks, Verification of Identity Checks and Professional Registration and/or Qualifications. These checks are a mandatory requirement for most applicants in accordance with the NHS Employment Check Standards ( Guaranteed Interview Scheme - To support disabled people in employment the Trust operates the Guaranteed Interview Scheme, a national Government scheme operated by Job Centre Plus and recognised by the two tick disability symbol. Under the scheme, the Trust has made a commitment to support disabled candidates and employees. As part of the recruitment process, any candidate who has a disability and wishes to be considered under the scheme (as identified on the application form) and meets the minimum essential criteria on the person specification should be guaranteed an interview Recruiting Manager - The lead manager responsible for ensuring the correct recruitment, selection and appointment process is followed in line with this policy and the Recruitment Handbook for Managers. The Recruiting Manager will act as the Chair of the shortlisting process and interview panel. The Recruiting Manager should have attended the Trust s Recruitment, Selection and Appointment Training and is at the appropriate level of responsibility in relation to the post being appointed to Version 2.0 November

4 1.0 Introduction Black Country Partnership NHS Foundation Trust recognises that employees are the essential resource that contributes to the successful operation of the organisation, ensuring that the Trust delivers a high quality service user experience, fit for purpose. The Trust is committed to recruiting and retaining employees of the highest calibre. People who not only have the necessary skills, knowledge and experience in order to perform a role but also share the Trust s vision, core values and expected attitudes and behaviours to ensure we provide the highest standard of care possible. This is supported by a Values Based approach to recruitment and selection. This policy provides a mechanism to ensure the Trust is recruiting and retaining employees of the highest calibre by using standards of recruitment and selection that are both fair and consistent, promote the Trust as an employer of choice, are safe and effective and ultimately attract and retain the best people for the job. This policy is compliant with NHS Employment Check Standards, good HR practice, Equality Act 2010 and other relevant employment legislation and ensures that the practices in place are not only effective in recruiting an employee to the Trust but are also safe and protect service users, staff and members of the public. The Trust recognises the importance of ensuring all employees are trustworthy and reliable and therefore, as a Trust, we are committed to carrying out employment checks both for the appointment and ongoing employment of employees, in order to ensure the provision of a continued quality professional healthcare service to our service users. This policy operates in conjunction with the Recruitment Handbook for Managers along with Agenda for Change Terms and Conditions and other associated HR policies including the Equal Opportunity Policy, Disclosure and Barring Policy and other associated policies. Advice should be sought from the HR Department where necessary. 2.0 Purpose The purpose of this policy is to support managers in providing a fair, consistent and effective approach to the recruitment of employees, ensuring that the Trust attracts, employs and retains the best people, using the most effective recruitment methods. 3.0 Objectives To recruit and retain the highest calibre of candidates, who not only have the necessary skills, knowledge and experience to perform the role but who share the same vision, values and behaviours of the Trust, to achieve organisational success To promote the Trust as an employer of choice at all stages of the recruitment and selection process To ensure the process safeguards and protects our service users, staff and members of the public by ensuring compliance with NHS Employment Check Standards and is compliant with relevant employment legislation To monitor, evaluate and review the effectiveness of the Trust s recruitment and selection practices, including monitoring of the Trust s performance in achieving equal opportunities in recruitment and selection practices Version 2.0 November

5 4.0 Process The Trust s recruitment and selection process is as laid out in the Recruitment Handbook for Managers, which accompanies this policy. 4.1 Equal Opportunities The Trust is committed to equal opportunities and therefore the recruitment and selection policy guidance will provide a positive framework within which candidates are given the opportunity to demonstrate their abilities regardless of their status. Therefore, the procedures will operate within employment law and staff involved in recruitment must understand the areas where discrimination may occur in order for them to take positive action to attract and recruit the best candidate and to avoid direct and/or indirect discrimination. These will be in line with the 9 Protected Characteristics identified within the Equality Act 2010.The Trust continues to look at appropriate ways to increase the diversity and age profile of its workforce and to recruit from the local population. 4.2 Promotion and Marketing of the Trust At all stages of the recruitment process it is paramount that the Trust recognises it is promoting a positive and consistent image of itself as a good employer, and ensuring that it is the employer of choice for the local population. The corporate branding should be used for all promotional material and a welcoming and professional approach to candidates ensured at all times. 4.3 Service Modernisation A vacancy can be created by an individual leaving their current post or when a new post is created due to a service development or change. It is an ideal time to review the requirements of the current post and assess the continuing need for the post, looking at current work-structures and the workforce plan. The analysis of need should also take place when a new post may be required. 4.4 Attracting Candidates In order to attract the highest calibre of candidates it is essential to have effective methods of advertising. All vacancies will be advertised on NHS Jobs, the national NHS recruitment website, internally and via other appropriate methods of advertising as appropriate to the role including social media. Advice on advertising is available from Human Resources. 4.5 Selecting Candidates It is recognised that the best candidate for the job is most likely to be appointed when a variety of value based selection methods are used. Following the shortlisting process, the minimum selection process that should be applied within the Trust is: A completed application form Panel interview of two people or more Appropriate pre-employment clearances However, further methods of selection can be used where appropriate i.e. when relevant to the role and the person specification criteria, including presentations, group exercises and skills tests. The participation of service users and carers in the recruitment process is to be actively encouraged where appropriate. Values Based Recruitment methods are to be used for all recruitment and Human Resources will provide a database of examples of Values Based questions and scenarios. Version 2.0 November

6 Selection should always be made against the set essential and desirable criteria as outlined on the person specification for the post. The number of panel members will be dependent on the type of role, however 3 panel members are recommended and in exceptional circumstances a minimum of 2 are required. When arranging an interview panel, you should also consider the makeup of the panel where possible, for example, consider diversity, gender, BME representation and professional background. As part of the Trust s commitment to supporting disabled people in employment the Trust operates the Guaranteed Interview Scheme. Applicants who meet the minimum essential criteria for the post should be guaranteed an interview and reasonable adjustments be considered during the selection process. 4.6 Appointing Candidates The Recruiting Manager is responsible for leading the recruitment and selection process, ensuring the interviews take place according to Trust policy and are fair and equitable. The Recruiting Manager is also responsible for the subsequent appointment to a vacancy. Once a verbal offer of employment has been made, it is the responsibility of the Recruiting Manager, working in conjunction with the HR Recruitment Team, to ensure that the relevant administration process takes place i.e. provision of an offer letter, pre-employment clearance checks, etc. It is also the responsibility of the Recruiting Manager to ensure all pre-employment clearances are received and are satisfactory and that no employee commences employment without all the necessary checks being undertaken. Please refer to the Recruitment Handbook for further guidance. 4.7 Commencing Employment The Trust is committed to ensuring all new employees have an effective induction programme upon commencement of their employment. It is therefore essential for the Recruiting Manager to ensure the candidate is appropriately inducted into the organisation. Effective induction practices are essential to ensure that new employees settle into their new role as quickly as possible, supporting their morale, commitment and performance to the organisation. Ineffective induction processes can affect employee retention and may result in the recruitment process commencing again unnecessarily. Please refer to the Recruitment Handbook for Managers and Trust Induction Policy for further information. 5.0 Procedures connected to this Policy There are currently no Standard Operating Procedures connected to this policy however there is a Recruitment Handbook for Managers which should be read in conjunction with the policy. 6.0 Links to Relevant Legislation Equality Act 2010 Equality Act came into force on 1 October 2010 and brought together over 116 separate pieces of legislation into one single Act to provide a legal framework to protect the rights of individuals and advance equality of opportunity for all. The Act simplifies, strengthens and harmonizes the current legislation to provide a new discrimination law which protects individuals from unfair treatment and promotes a fair and more equal society. Version 2.0 November

7 Asylum and Immigration Act 1996 Section 8 of the Asylum and Immigration Act 1996 imposes an onus on employers to ensure that all employees are not in breach of the Immigration Rules. It also imposes sanctions on employees conform to the Immigration Rules - a 5000 fine for each employee in breach. Its purpose is not solely to control political asylum applicants but it is aimed at all immigrants into the United Kingdom. Previous legislation had proved to be inadequate. In an attempt to counteract the growing use of illegal workers and to provide effective sanctions,s.8 of the 1996 Act introduced a specific offence of employing person who is not permitted to work in the United Kingdom. Data Protection Act 1998 The Data Protection Act 1998 became law in March It sets standards that must be satisfied when obtaining, recording, holding, using or disposing of personal data. The law applies to data held on computers or any sort of storage system, including paper records. There are 8 enforceable principles of good practice. Data should be: Fairly and lawfully processed Processed for limited purposes Adequate, relevant and not excessive Accurate Not kept longer than necessary Processed in accordance with the data subject's rights Secure Not transferred to countries outside the European Economic Area (EEA), without adequate protection Freedom of Information Act 2000 The Freedom of Information (FOI) Act gives a general right of access to all types of recorded information held by public authorities, including NHS Trusts. The Act also sets out exemptions to that right and places certain obligations on public authorities. In addition to providing information when asked to do so, FOI also requires public authorities to be proactive in the release of information. Every public authority is required to adopt and maintain a publication scheme setting out how it intends to publish the different classes of information it holds, and whether there is to be a charge for the information disclosed. The Trust s FOI publication scheme is regularly updated and has been approved by the Information Commissioner. 6.1 Links to Relevant National Standards CQC Regulation 18: Staffing The intention of this regulation is to make sure that providers deploy enough suitably qualified, competent and experienced staff to enable them to meet all other regulatory requirements described in this part of the Health and Social Care Act 2008 (Regulated Activities) Regulations To meet the regulation, providers must provide sufficient numbers of suitably qualified, competent, skilled and experienced staff to meet the needs of the people using the service at all times and the other Version 2.0 November

8 regulatory requirements set out in this part of the above regulations. Staff must receive the support, training, professional development, supervision and appraisals that are necessary for them to carry out their role and responsibilities. They should be supported to obtain further qualifications and provide evidence, where required, to the appropriate regulator to show that they meet the professional standards needed to continue to practise. CQC Regulation 19: Fit and Proper Persons Employed The intention of this regulation is to make sure that providers only employ 'fit and proper' staff who are able to provide care and treatment appropriate to their role and to enable them to provide the regulated activity. To meet this regulation, providers must operate robust recruitment procedures, including undertaking any relevant checks. They must have a procedure for ongoing monitoring of staff to make sure they remain able to meet the requirements, and they must have appropriate arrangements in place to deal with staff who are no longer fit to carry out the duties required of them. Employing unfit people, or continuing to allow unfit people to stay in a role, may lead CQC to question the fitness of a provider. If CQC considers that a breach of this regulation is also be a breach of another regulation(s) that carries offence clauses, then we can move directly to prosecution without serving a Warning Notice. For example, in situations where the care and treatment is provided without the consent of a person using the service or someone lawfully acting on their behalf, and where it is unsafe, does not meet the person's nutritional needs, results in abuse, or puts the person at risk of abuse. 6.2 Links to other Key Policies Disclosure and Barring Policy The purpose of this policy is to ensure that the Trust fully complies with relevant legislation and follows a best practice approach. This includes compliance with the Rehabilitation of Offenders Act 1974, Equality Act 2010 and Data Protection Act 1998 and, in doing so, ensures that the Trust protects service users, staff and members of the public by recruiting staff that will not cause harm to others. Professional Registration Policy The purpose of this policy is to ensure that the Trust is fully able to exercise its duty to protect service users through the employment of appropriately qualified and registered staff, thus ensuring continued quality of professional service provision. Induction Policy The purpose of this policy is to provide a new employee with a thorough introduction to their new role and organisation. Training and Study Leave Policy The aim of this policy is to enable Trust staff to perform effectively in their role, and to deliver safe and high quality services. Equal Opportunity Policy The purpose of this policy is to provide guidance about equal opportunities to all Trust employees and to uphold equality and diversity. Version 2.0 November

9 Volunteer Policy The purpose of this policy is to set out the roles and responsibilities of volunteers in order to ensure the volunteer system meets both the needs of the organisation and each individual volunteer whilst ensuring a safe environment. Work Experience Policy The overall aim of this policy is to raise the awareness and support the future employment of young people in the NHS, whilst maintaining our Corporate Social Responsibility, throughout the local community. 6.3 References Standards of Education & Training Health Professionals Council (2014) NHS Employers website provides the full list of employment checks: Agenda for Change Terms and Conditions of Employment Handbook NHS Litigation Authority Risk Management Standards Home Office (2015) Revised Code of Practice for Disclosure and Barring Service Registered Guaranteed Interview Scheme: Version 2.0 November

10 7.0 Roles and Responsibilities for this Policy Title Role Key Responsibilities All Employees Adherence - Provide employment check information to the Trust and attend any appointments as part of their ongoing employment with the Trust as appropriate, including for example, undertaking Disclosure and Barring checks, Professional Registration checks, Right to Work checks and Work Visa reporting requirements (for further information refer to 4.0 of this policy, the Disclosure and Barring Policy and Professional Registration Policy as appropriate) - Ensure compliance to equal opportunities, data protection and immigration legislation during their ongoing employment, Employee s Line Manager where appropriate Operational - Ensure that no applicant is allowed to commence employment without the necessary employment checks being made unless advice sought from Human Resources, ensuring compliance with this policy as appropriate - Develop an appropriate local induction programme to ensure a new employee is fully inducted into the Trust and department/unit for which they work - Ensure relevant ongoing employment checks take place as appropriate (e.g. Professional Registration, Right to Work Checks, etc.) - Ensure compliance to equal opportunities, data protection and immigration legislation during the ongoing employment of employees - Seek advice from the HR Department as and when necessary with regards to the implementation of this policy Recruiting Manager Implementation - Ensure compliance with this policy and the Recruitment Handbook for Managers following the recruitment, selection and appointment process outlined, adhere to appropriate timescales and ensure any recruitment and employment practices apply to all identified within the scope of this policy - Ensure that no applicant is allowed to commence employment without the necessary employment checks being made - Ensure that no discrimination takes place throughout the recruitment, selection and appointment process - Liaise with the Trust Bank Team or Medical Staffing Officer, as appropriate, for the recruitment of temporary bank, agency or locum workers. Managers should not recruit temporary workers directly with external agencies - Ensure compliance to equal opportunities, data protection and immigration legislation during the recruitment and ongoing employment of employees - Attend the Trust s Recruitment, Selection and Appointment Training, or have experience of similar training elsewhere - Seek advice from the HR Department as and when necessary with regards to the implementation of this policy - Assist the HR Department when auditing the Trust s recruitment, selection and appointment process to ensure policy compliance Version 2.0 November

11 Title Role Key Responsibilities Human Resources (including HR Recruitment Team, Medical Staffing and Bank & Rostering Team) Recruitment, Selection and Appointment Policy Specialist Advice - Ensure the administration of the recruitment, selection and appointment process is undertaken in accordance with the standards of this policy and the Recruitment Handbook for Managers including the appointment of bank, agency and locum workers - Ensure that Crown Commercial Service approved employment agencies comply with the latest NHS Employment Check Standards and the relevant Trust procurement procedures for the appointment of temporary agency and locum workers - Issue Certificates of Sponsorship in compliance with UK Border Agency requirements and standards, as appropriate - Ensure compliance to equal opportunities, data protection and immigration legislation during the recruitment and ongoing employment of employees - Provide advice and guidance on policy and procedure implementation - Deliver appropriate training regarding the Trust s recruitment and selection processes - Monitor the implementation, compliance and effectiveness of this policy on behalf of the - Oversee Trust recruitment advertising Responsible - Ensure recruitment, selection and appointment of staff in accordance with the Board s Assurance Framework and strategic priorities Assurance - Approve all policies and procedures that relate to their subject matter or area of practice - Develop and agree revisions to the Trust s approach to this policy following discussions with Staff Side Forum - Receive quarterly reports on incidents or trends in relation to this policy - Monitor the number of cases raised in order to identify trends and risks to the organisation and ensure that procedures are effective both in preventing problems and dealing with issues as they arise - Develop and monitor plans to address any areas of underperformance in relation to this policy - Provide progress and exception reports to the in respect of this policy Group Management Boards Director of & Organisational Development Monitoring - Monitor any incidents or trends in relation to this policy for its own Group, and, in collaboration with Human Resources, agree appropriate action or strategies to address and improve the recruitment, selection and appointment of staff within their Group Executive Lead - Ensure that effective procedures, systems and guidance are developed for the recruitment, selection and appointment of staff - Lead on strategies and innovations to improve upon the recruitment, selection and appointment of staff where this is required - Ensure that any serious concerns regarding the implementation of this policy are brought to the attention of the Board Trust Board Strategic - Strategic overview and final responsibility for the recruitment, selection and appointment of staff in order to meet its primary objective of providing high quality safe care Chief Executive Accountable - Overall responsibility for assuring that this policy is implemented within the Trust. Operational responsibility has been delegated Version 2.0 November

12 8.0 Training Recruitment, Selection and Appointment Policy What aspect(s) of this policy will require staff training? Recruitment, Selection and Appointment Training Which staff groups require this training? All staff with a role that may involve recruitment management Is this training covered in the Trust s Mandatory and Risk Management Training Needs Analysis document? No, staff will receive specific training in relation to this policy where it is identified in their individual training needs analysis as part of their development for their particular role and responsibilities If no, how will the training be delivered? Training will be delivered internally Who will deliver the training? How often will staff require training Who will ensure and monitor that staff have this training? Human Resources As Required Development Group The Trust aims to achieve a standard whereby all members of appointments panels receive training in equal opportunities and recruitment and selection which will include not only the process, associated legislation but the values and ethos that the Trust is actively working to achieve. Where possible at least one member of the interview panel should have completed training in recruitment and selection. 9.0 Equality Impact Assessment Black Country Partnership NHS Foundation Trust is committed to ensuring that the way we provide services and the way we recruit and treat staff reflects individual needs, promotes equality and does not discriminate unfairly against any particular individual or group. The Equality Impact Assessment for this policy has been completed and is readily available on the Intranet. If you require this in a different format e.g. larger print, Braille, different languages or audio tape, please contact the Equality & Diversity Team on Ext or EqualityImpact.assessment@bcpft.nhs.uk 10.0 Data Protection and Freedom of Information This statement reflects legal requirements incorporated within the Data Protection Act and Freedom of Information Act that apply to staff who work within the public sector. All staff have a responsibility to ensure that they do not disclose information about the Trust s activities in respect of service users in its care to unauthorised individuals. This responsibility applies whether you are currently employed or after your employment ends and in certain aspects of your personal life e.g. use of social networking sites etc. The Trust seeks to ensure a high level of transparency in all its business activities but reserves the right not to disclose information where relevant legislation applies. Version 2.0 November

13 11.0 Monitoring this Policy is working in Practice Recruitment, Selection and Appointment Policy What key elements will be monitored? (measurable policy objectives) Duties Types of check required How the organisation follows up those staff who do not satisfy the checking arrangements Where described in policy? 7.0 Roles and Responsibilities for this Policy 4.5 Selecting Candidates How will they be monitored? (method + sample size) Report which will include incidents and trends in respect of the key elements of this policy Audit of the Trust s recruitment and selection process Annual Report detailing work undertaken throughout the year which will include compliance with the key elements of this policy Report which will include incidents and trends in respect of the key elements of this policy Audit of the Trust s recruitment and selection process 4.0 Process Report which will include incidents and trends in respect of the key elements of this policy Who will undertake this monitoring? Human Resources Department Human Resources Department How Frequently? Quarterly Annually Annually Quarterly Annually Quarterly Group/ that will receive and review results Staff Side Forum and the Staff Side Forum and the Group/ to ensure actions are completed / HR Director/ Head of Employment Services/ Group Management Boards / HR Director/ Head of Employment Services/ Group Management Boards / HR Director/ Head of Employment Services/ Group Management Boards / HR Director/ Head of Employment Services/ Group Management Boards Evidence this has happened Minutes of Meetings/ Signed off action plans Minutes of Meetings/ Signed off action plans Minutes of Meetings/ Signed off action plans Version 2.0 November

14 What key elements will be monitored? (measurable policy objectives) How the organisation makes sure that checks are being carried out by all external agencies (such as NHS professionals, recruitment agencies etc.) used by the organisation in respect of all staff How the organisation monitors compliance with all the above Where described in policy? How will they be monitored? (method + sample size) Audit of the Trust s recruitment and selection process 4.0 Process Audit with external agencies to confirm registration checks are undertaken Sample audit on professional websites Who will undertake this monitoring? Human Resources Department 4.0 Process Annual Audit Report How Frequently? Annually Quarterly Quarterly Annually Group/ that will receive and review results Staff Side Forum and the Group/ to ensure actions are completed / HR Director/ Head of Employment Services/ Group Management Boards / HR Director/ Head of Employment Services/ Group Management Boards assign appropriate person(s) to implement action plans Evidence this has happened Minutes of Meetings/ Signed off action plans Minutes of Meetings/ Signed off action plans Version 2.0 November

15 Policy Details Recruitment, Selection and Appointment Policy Title of Policy Unique Identifier for this policy State if policy is New or Revised Recruitment, Selection and Appointment Policy BCPFT-HR-POL-35 Revised Previous Policy Title where applicable Policy Category Clinical, HR, H&S, Infection Control etc. Executive Director whose portfolio this policy comes under Policy Lead/Author Job titles only /Group responsible for the approval of this policy Month/year consultation process completed * n/a Human Resources Executive Director of Operations Recruitment Manager Month/year policy approved October 2016 Month/year policy ratified and issued November 2016 Next review date November 2019 Implementation Plan completed * Equality Impact Assessment completed * Previous version(s) archived * Disclosure status Key Words for this policy Yes Yes Yes B can be disclosed to patients and the public Key stages of recruitment, selection and appointment, Recruitment of bank, agency and locum workers, Withdrawing an offer of employment, Employment clearance, Checks by external agencies, Employment checks * For more information on the consultation process, implementation plan, equality impact assessment, or archiving arrangements, please contact Corporate Governance Review and Amendment History Version Date Details of Change 2.0 Nov 2016 Full policy review and new policy format 1.0 Dec 2012 Alignment of Policies following TCS, also in line with NHSLA Version 2.0 November