HR FAQ – do I have to advertise job vacancies?
There is no legal obligation to advertise any vacancy, neither internally nor externally. However, unless you have an employee who is a perfect fit for the role, there are usually benefits to advertising.
This Staff Recruitment Policy has been produced in line with the DfE guidance ‘Keeping Children Safe in Education (September 2016)’. This policy aims to ensure both safe and fair recruitment and selection is conducted at all times. Safeguarding and promoting the welfare of children and young people is an integral factor in recruitment and selection and is an essential part of creating safe environments for children and young people.
Recruitment and selection policy statement
- The School is committed to safeguarding and promoting the welfare of children and young people and expects all staff and volunteers to share in this commitment.
- The School is committed to attracting, selecting and retaining employees who will successfully and positively contribute to providing a valuable service.
- A motivated and committed workforce with appropriate knowledge, skills, experience and ability to do the job is critical to the school’s performance and fundamental to the delivery of a high quality service.
- This policy applies to all the school employees and governors responsible for and involved in recruitment and selection of all staff. The ultimate responsibility for recruitment and selection lies with the Governing Body.
- To ensure the recruitment of all staff is conducted in a fair, effective and economic manner.
- To achieve this purpose, those that are responsible for each stage of the recruitment process will demonstrate a professional approach by dealing honestly, efficiently and fairly with all internal and external applicants.
Aims and Objectives
- To ensure that the safeguarding and welfare of children and young people takes place at each stage of the process
- To ensure a consistent and equitable approach to the appointment of all school staff.
- To ensure all relevant equal opportunities legislation is adhered to and that appointees are not discriminated against.
- To ensure the most cost effective use is made of resources in the recruitment and selection process.
- All applicants will receive fair treatment
- All applicant packs will include the job description
- Employees will be recruited on the knowledge, experience and skills needed for the job
- Selection will be carried out by a panel with at least two members. At least one panel member will have received appropriate training on the recruitment and selection process as recommended by the DfE.
- Selection will be based on a minimum of completed application form, short listing and interview, but in the case of teaching staff will, whenever possible, involve the teaching of a class.
- Posts will normally be advertised.
- The Equality Act makes it a requirement to make reasonable adjustment to the recruitment process if an applicant makes the employer aware that they have a disability. This applies to the entire recruitment process, from advertisement to appointment.
The School is committed to providing equality of opportunity for all and ensuring that all stages of recruitment and selection are fair. Recruitment and selection procedures will be reviewed on a regular basis to ensure that applicants are not discriminated against.
- Staff recruitment request
The Head or the Senior Management team (SMT) will approach the Governors to request additional or replacement staff.
The Governors will be required to carry out the following:
- Seek to understand the reason behind the request, for example a member of staff is to retire, or otherwise leave
- Ascertain that the post is actually required for the charity to continue to deliver the educational and student care services required by the Trust Deed and other policies
- Be confident that the post cannot be filled by rearranging existing staff, where such a rearrangement does not cause undue strain to any student or member of staff
- Identify whether the potential post already has
- A suitable salary
- Whether new funding is required in its entirety or
- An existing salary may need “topping up”
- Job description and advertisement
The Governors having satisfied themselves that a post is required, a suitable job description needs to be drawn up by the Head or SMT and agreed by the Governors.
The advert and/or Job Description is compiled and sent out with an enclosed Application Form with a Medical declaration form.
We also attach a Self Declaration Disclosure form in order to process the DBS check. The Application Form includes an explanation that the post is exempt from the Rehabilitation of Offenders Act 1974, further details in CCPAS guidance. The information enclosed includes a statement about Trinity’s commitment to safeguarding children and that a full enhanced DBS is required from all applicants.
The description should also ensure that all applicants are aware of:
- The Christian nature of the school and charity
- The responsibilities/requirements of the role
- Indication of hours/days required
- Indication of salary and other benefits
When the job description has been agreed, an advertisement, based upon the job description will be required and issued to suitable publications and/or through other channels.
- Application Form
A standard application form will be used to obtain a common set of core data from all applicants. The pack also contains additional information necessary to check perspective candidates: self disclosure declaration and a health declaration.
Responses are sifted, using specific criteria, appropriate to the post being advertised. Short-listed candidates will be invited for interview. In the case of teaching staff, applicants will, whenever possible, be observed teaching a class. References for interviewees will normally be requested at this stage.
The interview will assess the merits of each candidate for the post and explore their suitability to work with children and young people. The selection process for people who will work with children and young people will always include a face-to-face interview even if there is only one candidate. Where appropriate a question on safeguarding will be asked during the interview.
A minimum of two interviewers will form the interviewing panel and one of these will be a Governor.
The members of the panel will:
- Have the necessary authority to make decisions about appointments;
- Be appropriately trained, (one member of interview panel will have undertaken the training in accordance with the DfE Safer Recruitment Training).
- Meet before the interviews to reach a consensus about the required standard for the job to which they are appointing and to consider the issues to be explored with each candidate and who on the panel will ask about each of those.
Where a candidate is known personally to a member of the selection panel this will be declared before short listing takes place. It may then be necessary to change the selection panel to ensure that there is no conflict of interest and that equal opportunities principles are adhered to.
In addition to assessing and evaluating the applicant’s suitability for the particular post, the interview panel will also explore:
- The candidate’s attitude toward children and young people;
- His/her ability to support the school’s agenda for safeguarding and promoting the welfare of children;
- Gaps in the candidate’s employment history;
- Concerns or discrepancies arising from the information provided by the candidate and/or a referee.
- Ask the candidate if they wish to declare anything in light of the requirement for a DBS check.
If, for whatever reason, references are not obtained before the interview, the candidate will also be asked at interview if there is anything s/he wishes to declare/discuss in light of the questions that have been (or will be) put to his/her referees.
It is vital that the references are obtained and scrutinised before a person’s appointment is confirmed and before s/he starts work.
- Conditional Offer of Appointment
A conditional offer of employment is made to the successful candidate and a start date is confirmed. Unsuccessful candidates are informed of the outcome of their application.
- Pre Appointment Checks
An offer of appointment to the successful candidate will be conditional upon:
- Verification of the candidate’s identity using photographic ID and proof of address
- Verification of eligibility to work in the UK
- Overseas check, EAA and other areas checks (where appropriate)
- Verification of the candidate’s mental and physical fitness to carry out their role
- The receipt of at least two satisfactory references
- Verification of qualifications
- Verification of professional status where required e.g. QTS status (unless properly exempted), NPQH;
- A separate check of the DfE Barred List (if contact with children). This is checked as part of the DBS process. In any case where the person needs to start before the DBS check is cleared, a separate barred check will be obtained.
- Obtaining a DBS Enhanced Disclosure as applicable under the Keeping Children Safe guidance.
- A check using the Employer Access Online Service to see if a prohibition from teaching/from management order issued by the Secretary of State for Education exists against the individual or not
- (For teaching posts) verification of successful completion of statutory induction period (applies to those who obtained QTS after 7 May 1999)
- Where a DBS check is brought from previous employment, it must be relevant and current, without a gap of service of three months or longer. A barred list check must still be carried out before the applicant can take up their post.
All checks will be:
- Confirmed in writing;
- Documented and retained on the personnel file
- Recorded on the school’s central record database (SCR)
- Followed up where they are unsatisfactory or there are discrepancies in the information provided.
Volunteers who are in regulated activity (in that they will have regular unsupervised contact with children) will need to obtain an enhanced DBS with child barring check.
If the volunteer is to be supervised at all times (helping in a class), then the school can decide if a DBS check is necessary. If so, only an enhanced DBS is legally allowed in this circumstance.
Volunteers will also need to complete a volunteer agreement, a Staff record, various declarations forms and they will also need to bring in some form of photo ID and relevant documentation. Details should be logged on the SCR.
On agreement with the Headteacher, the college or organisation must send the School an official letter headed letter or email with details of:
* Pupil name
* Purpose of placement (inc. aims/objectives)
* Plan of activities agreed (including what year group)
* From and to (how long for and what days/hours)
* ID / DBS checks taken – declaration from college/organisation of all safeguarding checks
* Any special arrangements needed for student / health care issues etc
The organisation or college should have carried the necessary checks such as DBS and ID checks. If for some reason the student does not have the relevant checks, the school can obtain a DBS, if necessary, depending if the student will be supervised or unsupervised.
We have public or employer’s liability insurance to cover persons whilst under our care and will issue information on health and safety, confidentiality, staff handbook and other relevant information they need.
The facts must be reported to the police and/or the DfE Children’s Safeguarding Operations Unit (formerly the Teachers Misconduct Team), if:
- the candidate is found to be on Barred list, or the DBS Disclosure shows s/he has been disqualified from working with children by a Court; or,
- an applicant has provided false information in, or in support of, his/her application; or,
- there are serious concerns about an applicant’s suitability to work with children
If an individual’s DBS certificate is not available a member of staff would only be able to start work if:
- the individual is appropriately supervised
- other checks (references etc) have come through
- A separate barring check has been completed where applicable
- The person in question has been informed of these safeguards
- A risk assessment has been completed by the Headteacher
- Post Appointment Induction
There will be an induction programme for all staff which includes Safeguarding training.
- Single Central Register
The following personnel should have their details entered on the School Central Register:
- Staff in regulated activity – all teaching staff (teachers and assistants)
- Volunteers working in an unsupervised capacity
- Supply Staff
- Visiting Professionals in regular contact with children – e.g. Visiting Music Teachers
- Contract staff in regular contact with children
- The Governors
On appointment of staff or volunteers the following details will maintained on our single central record:
- ID checks
- DBS plus barred check where applicable
- prohibition check
- professional qualifications
- right to work
- employment details
Student placements will be kept in a separate file with all necessary paperwork and information.
Review date: Spring 2019
Appendix 1: Pre-employment checklist
Appointments will be made with regards to the following:
- Training: At least one member of the short-listing and interview panel should have carried out the safer recruitment training
- Planning: Timetable decided, advertisement, job description and person specification reviewed and updated as necessary.
- Advertising: The advert must include reference to the policy statement of safeguarding and promoting welfare of children and young people
- Application Forms: Candidates must provide information on employment history and if appropriate adequately explain the reasons for any gaps. The candidates must complete, sign and date the declaration with regards to the Rehabilitation of Offenders Act.
- Short-listing: Interview panel members should be involved in shortlisting the applications.
- References: References will be requested prior to interview and chased up if not received. Check and scrutinise references on receipt – any discrepancies or concerns should be taken up with applicant at interview or the referee.
- Interview: The panel should have at least 2 members and should have the authority to appoint. They must meet prior to interview and agree issues, questions, assessments, criteria and standards. At least one member must have completed the safer recruitment training.
- Conditional Offer of Employment: Offer of employment must be subject to satisfactory completion of the following pre-employment checks:
- Identity and Nationality: These should be verified once the offer has been made.
- Right to work in UK: This again should be verified as soon as possible after the offer has been made – original certificates must be submitted and copied.
- Qualifications Checked: These should be verified once the offer has been made.– original certificates must be submitted and copied.
- DBS: An enhanced level DBS disclosure will be required.
- Prohibition Order- Check against DfE list of those prohibited from working with children.
- Medical Clearance: The candidate must be both physically and mentally fit to undertake the post. Refer to self declaration form from Application.
- QTS – for teacher only. The candidate should provide original documentation to prove that he/she has obtained QTS.
- Supply Teachers – All supply teachers must undergo the same checks as above.
- Volunteers – The above checks should be carried out on volunteers where they are in regulated activity.
(And any other checks as per CCPAS guidance/updates and HR law.)