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EMPLOYMENT OF SUITABLE PEOPLE POLICY AND PROCEDURE Employment of Suitable People Policy & ProcedureHere at Wild Monkeys Childcare Ltd we ensure that all staff and adults who come into regular contact with the children are suitably checked and monitored.
1. Introduction 1.1 Effective and consistent recruitment practices are essential to ensure that all applicants are treated fairly and with diversity and equality of opportunity and that costly recruitment mistakes are avoided. 1.2 The recruitment process must result in the selection of the most suitable person for the job in respect of skills, experience and qualifications. 1.3 This Policy defines the principles that the Company (Wild Monkeys Childcare Ltd) considers important in the recruitment process and aims to ensure that consistency and good practice is applied across the Company. 2. Equal Opportunities/Equality and Diversity in Recruitment 2.1 It is against the Company’s Equal Opportunities Policy and against the law in many cases to discriminate either directly or indirectly on the grounds of race, nationality, ethnic origin, gender, marital status, pregnancy, age, disability, sexual orientation, gender reassignment, ethnicity, cultural or religious beliefs. Reasonable adjustments to the recruitment process will be made to ensure that no applicant is disadvantaged because of his/her disability. 2.2 All employees are required to comply with the requirements of the Equal Opportunities Policy at every stage of the recruitment process including production of job descriptions, advertising material, instructions given to recruitment agencies, short listing of applications, interviewing, selection decisions and offers of employment. 2.3 All policies and procedures reflect our commitment to achieving and maintaining equal opportunities within the workplace. It is the responsibility of every employee to monitor continually and evaluate formal and informal practices and procedures to ensure that they do not directly or indirectly discriminate against any individual or group of society. 2.4 Any employee who is found to be discriminating in any way during the recruitment process will be subject to the disciplinary procedure and may be liable to dismissal. 3. Monitoring Equal Opportunities/Equality and Diversity in Recruitment 3.1 In order for us to monitor the effectiveness of the Equal Opportunities Policy we request that all candidates complete the Equal Opportunities, Anti-discrimination, Inclusion and Special Educational Needs Monitoring Form. Any data which is collected regarding gender and ethnic origins will be collected solely for the purpose of monitoring equal opportunity and will be held confidentially by the Company and protected from misuse. This data should be recorded and maintained on the Equal Opportunities, Anti-discrimination, Inclusion and Special Educational Needs Recruitment Monitoring Control Sheet. 4. Recruitment Authorisation 4.1 Any vacancy must be authorised by the Owner before any attempt is made to fill the role. In making the request to the Owner, consideration should be given to whether the role could be absorbed amongst the rest of the team or elsewhere in the Company. 5. Job Descriptions and Person Specifications 5.1 Once authorisation has been obtained, the person recruiting must produce a job description for the vacancy which provides a fair and accurate representation of the role. The job description will include a clearly drafted person specification. 5.2 The job description will describe the duties, responsibilities and seniority of the post and the person specification will describe the qualifications, knowledge, experience, skills and competencies needed for the role to be carried out effectively. 5.3 The job description should be available to all candidates prior to interview to enable them to prepare adequately for the interview which will improve the success of the interviewing process. 5.4 Particular care must be taken when producing job descriptions to ensure that unreasonable requirements are not placed on the job holder which cannot be objectively justified and may unfairly disadvantage certain groups e.g. women, ethnic minorities, elderly or disabled persons. 6. Advertising of Vacancies 6.1 All vacancies must be advertised within the business to all members of staff prior to external methods of recruitment being used. Wherever possible internal candidates will be considered in preference to external candidates and reasonable training and coaching will be provided to enable employees to achieve career advancement. Where it has not been possible to recruit within the business, then external methods of recruitment may be considered. These may include approaching approved employment agencies or advertising in suitable press. 6.2 Where the job is to be advertised, the proposed advertisement must be submitted to Owner for approval. An advertisement must not show any intention to discriminate unlawfully and should follow the Equal Opportunities policy. 7. Shortlisting 7.1 In order to shortlist candidates for interviews, the Owner will: 7.1.1 Identify specific job-related criteria using the job description. 7.1.2 Match these criteria with those detailed in the candidate’s application form and/or CV. 7.1.3 Use this information to select which candidates will be invited for interview. 7.2 Candidates who apply for positions with Wild Monkeys Childcare Ltd, whether through a direct advertisement or a recruitment agency, will always be informed of the outcome of their application as quickly as possible. Where candidates have applied to the owner directly, they will be informed of the outcome in writing, usually via email, unless the applicant has supplied a stamped addressed envelope. 8. Recruitment Interviews 8.1 The interview will focus on the needs of the job and the skills needed to perform it effectively in accordance with the guidance and procedures set down in the job description. 8.2 Staff conducting recruitment interviews will ensure that the questions that they ask job applicants are not in any way discriminatory or unnecessarily intrusive. A record of every recruitment interview will be made by the interviewer to be retained for a suitable period of time. 9. Verbal Offer of Employment 9.1 Once the most appropriate candidate has been selected, the terms and condition of the offer of employment must be confirmed. 9.2 In setting a starting salary/hourly rate of pay, the owner will need to bear in mind the salary/hourly rates of pay for existing employees in a similar role in order to ensure that inconsistencies are not created within the business which could be challenged under the Equality Act 2010. 9.3 An offer should be made verbally to the candidate. A verbal offer can be retracted if further pre-employment checks raise issues which cause concern. See 17. Written Offer of Employment for more details. 10. References 10.1 All employment offers are conditional upon receipt of two professional references which are satisfactory to the Owner. Where possible, the referees must be the applicant’s current and previous employers. References from previous employers or from school/college/university tutors may be acceptable in some circumstances. In exceptional circumstances, such as where an applicant has been unemployed for a significant period of time, personal references may be acceptable at the discretion of the Owner. 10.2 Referees will usually be sought for an applicant once an offer of employment is made and referees will not be approached without the applicant’s permission. 10.3 References are always sought in writing and require that a standard reference form be completed, although details may be checked or clarified by telephone where necessary. In some circumstances, references which do not use the standard reference form may be acceptable, e.g. if the previous employer has a policy of providing generic references for all employees. 10.4 If references which are satisfactory to the Owner are not received within a reasonable timescale then it may be necessary to withdraw the offer of employment. 11. Self-disclosure: The Rehabilitation of Offenders Act 1974 11.1 A previous conviction does not necessarily exclude an applicant from being suitable to work with children. This post is exempt from the Rehabilitation of Offenders Act 1974, however amendments to the Exceptions Order 1975 (2013) provide that certain spent convictions are ‘protected’ and are not subject to disclosure to employers, and cannot be taken into account. Full guidance and criteria on the filtering of these cautions and convictions can be found on the Disclosure and Barring Service website. 11.2 For those 18 or over at the time of an offence: An adult conviction will be removed from their DBS certificate if: ● 11 years have elapsed since the date of conviction;
11.3 If a person has more than one offence, then details of all their convictions will always be included. 11.4 An adult caution will be removed after 6 years have elapsed since the date of the caution and if it does not appear on the list of offences relevant to safeguarding 11.5 For those under 18 at the time of the offence: The same rules apply as for adult convictions, except that the elapsed time period is 5.5 years. 11.6 The Owner has a section on the application form where applicants are able to self-disclose any unspent convictions, reprimands or warnings; this is so that we would be pre-informed about anything which will come up on an Enhanced DBS check, promoting the early opportunity for discussion about the nature and severity of the crime. 11.7 This approach helps to deter unsuitable people from applying, and encourages openness and honesty with the applicant from the outset. 11.8 Any information contained in the self-disclosure section of the application form will be discussed and considered in the strictest confidence. Only those on the selection panel or interview panel would be party to this information. 11.9 When the Company considers information from a self disclosure or the Enhanced DBS Check the following factors will be carefully considered, to ensure that an applicant is not being unfairly treated or disadvantaged because they may have been convicted of an offence in the past. ● The nature and severity of the offence/s
11.10 If there is any uncertainty then more guidance would be sought. 12. Disclosure and Barring Service 12.1 It is unlawful for Wild Monkeys Childcare Ltd to employ someone in a role working with children if the applicant or a person living at the same address as the applicant is barred from working with children. The connection between the applicant and the partner, spouse, family member or friend greatly increases the chances that children may be placed at risk. 12.2 All employment offers are conditional upon receipt of an Enhanced Disclosure and Barring Service Check (DBS) which is satisfactory to the Company. A completed self-disclosure form does not remove the need to get an Enhanced DBS check if an applicant is offered a post. 12.3 An employment contract will not be offered until an Enhanced DBS Check has been received and the suitability of the candidate has been confirmed. Prior to this, in extreme circumstances, the candidate may begin work under supervision at all times, provided there are no concerns preventing this. 12.4 The DBS application fee will be paid by Wild Monkeys Childcare Ltd. Fees for the DBS Update Service will be paid by the applicant. If the applicant’s Update Service subscription expires, the applicant will be liable for the full cost of a replacement DBS check. Visit www.gov.co.uk/government/organisations/disclosure-and-barring-service for the most up to date information on costs. 12.5 Employees will be asked annually to confirm the information we hold on them is correct and that neither they, nor any others who live at their home address who are aged 16 years or over, have any new unspent convictions, cautions, reprimands or warnings. The declaration of this information is exempt from the Rehabilitation of Offenders Act 1974 (2013). 13. The Bribery Act 13.1 When recruiting for posts that may be vulnerable to bribery risks (such as roles in Payroll, Purchasing, Marketing or Distribution), and subject to the requirements of the Rehabilitation of Offenders Act 1974, the Company may need to carry out additional checks during the recruitment process. 13.2 These checks may include carrying out Enhanced DBS Checks, bankruptcy and credit reference checks and/or taking up additional references. 14. Qualification Certificates 14.1 All applicants are required to provide evidence of qualifications, either in the form of original certificates which will be copied and then returned, or confirmation from the relevant Examination Board if certificates cannot be produced. 14.2 The employment offer will be conditional upon valid evidence of qualification and the offer may be withdrawn if this is not supplied within a reasonable timescale. 14.3 If an applicant falsifies certificates or evidence of qualifications and this subsequently comes to the attention of Valerie Wild at any stage during employment then the individual will be subject to disciplinary action and may be liable to dismissal. 15. Work Permits and Illegal Working 15.1 It is against the law to employ a person who does not have permission to live and work in the UK. Wild Monkeys Childcare Ltd could be prosecuted and fined under the Immigration and Asylum Act 1999 for employing somebody who does not have permission to work in the UK. 15.2 Therefore all successful applicants will be required to provide evidence of their Right to Work in the UK. This evidence must be compliant with current government requirements for valid Right to Work documents. 15.3 In order to avoid discrimination, it is essential that the same criteria are applied to every person who is offered employment with Wild Monkeys Childcare Ltd. It will be the responsibility of the recruiting manager to ensure that a relevant document has been supplied which satisfies the criteria set out above. 15.4 If an applicant is not able to produce one of the listed documents then they will be advised to contact the Citizens Advice Bureau for further advice and their employment will be put on hold until evidence can be produced and the offer may be withdrawn. 16. Personnel Records & Starter Procedures 16.1 Personnel records are held by in the main office. A file containing paper records or digital copies is held for each employee and will include: 16.1.1 Contract of Employment 16.1.2 Personal information ● Next of kin
16.1.3 Changes to terms and conditions 16.1.4 Absence records 16.1.5 Current Disciplinary details 16.1.6 Records of any Training undertaken 16.1.7 Records of Objectives and Performance Appraisals 16.2 These records are held in a secure environment, only accessible to the senior staff and admin. Electronic records may also be held by the senior staff. This enables information gathering and quick access to employee records. Our accountants/payroll bureau also have/has limited access to enable them to run payroll and pay expenses. Employees will be asked annually to confirm the information we hold on them is correct. 17. Written Offer of Employment 17.1 We will only confirm the offer of employment in writing once the following have been completed: 17.1.1 Completed interviews 17.1.2 Verified qualifications 17.1.3 Confirmed the right to work in the UK, and their identity and employment history 17.2 Wild Monkeys Childcare Ltd will at this time inform any unsuccessful applicants and, if possible, offer to give them feedback which may help them in their next interview. This is normally done via email, or in writing if the unsuccessful applicants have provided a Stamped Addressed Envelope. 17.3 The Company will agree a start date with the applicant, bearing in mind any notice period the applicant may be contractually obliged to give to their existing employer. 17.4 The successful applicant will not be offered an employment contract until the following have been completed: 17.4.1 Obtained two written references 17.4.2 Obtained Enhanced DBS check 17.4.3 Completed induction process 18. Induction Before the successful applicant’s start date or on their first working day there will be an induction. Employees will be supplied with the following: ● Any relevant information to prepare them for their employment
18.1.1 An explanation of how the employee fits into their immediate work team and the organisation as a whole 18.1.2 Showing the new staff member where everything is and what happens in which area 18.1.3 Introduction to policies and procedures, including safeguarding 18.1.4 Health and Safety information 18.1.5 More general information about the business and its values 18.1.6 Clear outline of what the job involves and what is expected of the staff member 18.1.7 A statement of pay and conditions 18.1.8 Pay and leave arrangements 18.1.9 An agreed training plan – long and short term 18.1.10 An opportunity for shadowing or working alongside an existing staff member 18.2 The Company uses an Induction Checklist to ensure that all of the above areas are covered. 19. Complaints Procedure Any applicants who consider that they have been unfairly treated or discriminated against during the recruitment and or induction process should write to the Company stating the grounds of the complaint.
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