Items 1 - 6

1. Policy Statement
2. Introduction
3. Selection aims
4. Legal requirements
5. Equal Opportunities Policy statement

6. Recruiting Staff and Students to work with Children

1.1 Mandatory recruitment and selection training has now been introduced for all chairs of selection panels.  Members of staff are not permitted to chair a selection panel until they have attended the course.

1.2 The University has also agreed that recruitment and selection training is mandatory for all other staff members of selection panels.  It has targeted itself with achieving this by July 2003 in the Human Resources Strategy and a rolling programme of training will be provided to meet this goal.

1.3 A place on the training course should be booked with Staff Development

2.1 The appointment of any member of staff involves the commitment of a considerable sum of money. It is demanding and time-consuming and the decision of an appointments panel is therefore a critical responsibility, requiring careful planning and preparation.

2.2 A successful appointment is an investment in the present and future of the University; a poor one will result in much waste of time, money and human resources and a lower level of effectiveness for the department.

2.3 This document is a guide for Heads of Departments, Members of the Academic Staff, Supervisors, Departmental Administrators, Laboratory Superintendents, Senior Secretaries and others who have responsibility for recruitment and selection. Many of these staff will have extensive experience in recruitment and it is hope that this practical guide can complement and enhance existing practice. The guide focuses on good, efficient practice, including the legislative and equality dimensions and aims to ensure that selectors are equipped to make the best use of all talent available to the University by following non-discriminatory practice.

2.4 Human Resources has expertise in all aspects of recruitment and selection and members of staff will be happy to provide further guidance to departments and to answer queries.

3.1 The aim of Recruitment is to find a suitable pool of people from which an appointment can be made.

3.2 The aim of selection is to predict how likely a person is to succeed in a particular job. This prediction will be more successful if it is based on a systematic approach which is fair, unbiased and objective, rather than on a hunch or "gut feeling". A good selection process provides the opportunity to ensure that the best candidate is appointed and:

• for selectors to obtain information about the candidate in order to form an assessment of his/her capabilities
• for the candidate to find out more about the job, the department and the University
• to promote a positive image of the University

4.1 Those involved in the process of recruitment, selection and appointment must be aware of relevant legislation and Codes of Practice and must ensure that these are not contravened. The relevant Acts and Codes are:

• The Sex Discrimination Act (1975/86)
• Sex Discrimination (Indirect Discrimination and Burden of Proof) Regulations 2001
• The Sex Discrimination (Gender Reassignment) Regulations (1999)
• The Race Relations Act (1976)
• The Race Relations Amendment Act (2000)
• The Equal Pay Act (1970 as amended)
• The Employment Rights Act (1996)
• The Disability Discrimination Act (1995)
• The Rehabilitation of Offenders Act (1974)
• The Asylum and Immigration Act (1996)
• Codes of Practice issued by the Equal Opportunities Commission and the Commission for Racial Equality
• The University has also issued a variety of Codes of Practice on equal opportunities issues.

4.2 Sex Discrimination Act (1975/85), Sex Discrimination ( Indirect Discrimination and Burden of Proof) Regulations 2001, Sex Discrimination (Gender Reassignment) Regulations (1999) and Race Relations Act (1976) and Race Relations Amendment Act (2000)

4.2.1 Understanding the law

These Acts, together with the relevant Codes of Practice, aim to promote equal opportunity in employment. They make it unlawful to discriminate either directly or indirectly on the grounds of sex, marital status, race, colour, nationality or ethnic or national origins in respect of:

• who should be offered employment
• the terms and conditions upon which employment is offered
• refusing or deliberately omitting to offer employment
• providing opportunities for promotion, training or other benefits and services
• dismissal or any other detriment

Exceptions to these requirements are rare.

If the provisions relating to sex or race discrimination are breached then those involved in the selection process will be the respondents in any claims of discrimination taken to an Employment Tribunal.

The recent Race Relations Amendment Act (2000) place a general duty on public authorities to eliminate unlawful discrimination and promote equal opportunities between people of different racial groups.  Each organisation must have a published Race Equality Policy which includes an action plan aimed at promoting equality of opportunity.  It is also necessary to monitor ethnicity in employment matters such as recruitment, training and development and promotions for example.

4.2.2. Direct discrimination

Direct discrimination occurs when there is an explicit statement or act by an employer prescribing different treatment of people according to their sex, race or marital status, for example by stating that a position is available "for a man/single woman/Englishman/white woman" when there is no genuine occupational qualification to support such a statement.

4.2.3. Indirect discrimination

Indirect discrimination occurs when an employer applies an unjustifiable requirement or condition to a job which, whether intentional or not, means that a considerably smaller proportion of a particular sex, marital or racial group can comply with it and it is to their detriment. For example:

1. defining a rule about clothing or uniforms which disproportionately disadvantages a racial group
2. specifying higher qualification levels above the minimum required for the safe and effective performance of the job which then may disproportionately disadvantage a particular racial group
3. specifying an arbitrary number of years experience as essential for a post when then may disproportionately disadvantage women.
4. In terms of Sex Discrimination a complainant now simply has to show a prima facie case of discrimination, and it is then for the respondent to prove that the discrimination is objectively justified for reasons unrelated to sex discrimination. 

The definition of indirect discrimination is also widened to cover a "practice" as well as a "requirement or condition".   An employee no longer needs to show that the factor which disadvantages one sex is something that employees have to do or comply with.  It is now sufficient to point to a factor that is preferred, desirable or discretionary.

4.2.4. Positive action

Both acts permit certain types of positive action in order to redress gender or racial imbalances in particular areas of employment. They allow an organisation to take action to encourage members of a particular group to seek employment or promotion where few or no members of one gender or racial group have been doing that particular work in the preceding twelve months, for example, through advertising or targeted training. Advice should be sought from Human Reources.  However, all applicants regardless of their sex, ethnic origin etc should be treated equally during the selection stage.

4.2.5. Positive discrimination

Positive or reverse discrimination is unlawful; that is, directly discriminating in someone's favour because of, for example, their race or sex.

4.2.6. Genuine Occupational Qualifications

In some circumstances, it is possible to advertise a job vacancy and stipulate that it is a requirement of that job that the successful applicant be of a particular gender or racial group. The law is very strict on when this can be done, but it can apply when the employment :

• is restricted to one sex for reasons of physiology or authenticity in dramatic performance or other entertainment
• is restricted to one sex to preserve privacy and decency
• is in a private home and would lead to physical or social contact with or knowledge of intimate details of someone living there
• requires living in single sex accommodation
• is in a single sex establishment
• requires the promotion of personal welfare or educational services
• is outside the UK
• requires the employment of married couples
  Any vacancies where a Genuine Occupational Qualification might apply must be discussed with a HR Adviser in the first instance.

4.3. The Equal Pay Act (1970 as amended)

This Act aims to eliminate discrimination between men and women in pay and other contractual terms and conditions. It specifies that if a woman is employed for work which is either like, or of equal value to, that undertaken by a man, the terms of the woman's contract should not be less favourable than those of the man's (and vice versa).

4.4. The Disability Discrimination Act (1995)

4.4.1.The Disability Discrimination Act 1995 makes it unlawful to discriminate against disabled people:

• in the field of employment
• in the provision of goods, services and facilities
• buying or renting land or property
• there are also provisions relating to education

4.4.2 The Disability Discrimination Act also establishes a Disability Rights Commission with far reaching powers.

4.4.3. This Act is important as it has a different structure to other anti-discrimination legislation:

• it is unique as it places positive duties on organisations
• it encourages a pragmatic approach, obliging organisations to think about people with disabilities
• failure to do so leaves an organisation very vulnerable to legal action.

4.4.4. The Act defines disability as "a physical or mental impairment which has a substantial and long term adverse effect on a person's ability to carry out normal day to day activities".

4.4.5. The Act makes it unlawful to discriminate against an applicant with a disability in respect of:

• the arrangements made for determining who should be offered employment
• in the terms on which the disabled person is offered employment
• by refusing to offer, or deliberately not offering, the disabled person employment.

4.4.6. The Act also imposes a duty on employers not to discriminate against existing employees with a disability in respect of:

• the terms of the disabled employee's employment
• the opportunities given for promotion, transfer, training or any other benefit
• refusing to give disabled employees such opportunity
• dismissing the disabled employee or subjecting him/her to any other detriment.

4.4.7. The Act imposes a duty on employers to:

• implement employment practices which assess people on the basis of their skills, aptitudes and abilities
• employ good management practices to avoid discrimination in the implementation of the Act
• consider the practicality of taking measures to reduce any obstacle which places the disabled person at a substantial disadvantage compared to those without a disability
• make 'reasonable adjustments' for a disabled person when necessary, unless he or she can justify this failure. This duty arises in relation to i) any working arrangement ii) any physical feature of the employer's premises which could place the disabled person at a substantial disadvantage compared to others.

4.4.8 The employer should consider safety, practicality and whether the solution preserves the disabled person's dignity and independence. Examples of 'reasonable adjustments' might include:

• adjustments to premises
• re-allocating duties
• altering place of work/working hours
• acquiring/modifying equipment
• providing a reader/interpreter
• allowing for absences for rehabilitation, assessment or treatment
• provision of auxiliary aids
• providing supervision
• providing training

4.4.9. There are organisations, such as Access to Work who will assist an organisation with the cost and provision of any reasonable adjustments necessary to employ a disabled person.

4.4.10 Any queries about the employment or possible employment of a disabled person should be raised immediately with Human Resources who are happy to provide guidance on this sensitive and important area of employment law.

4.5 The Rehabilitation of Offenders Act (1974)

4.5.1. Usually a person with a criminal conviction may treat the conviction, for most purposes, as though it had not happened, after a specified rehabilitation period.

4.5.2 Once a conviction has been rehabilitated it cannot be used as grounds for refusing employment or dismissing an individual and it is "spent" under the Rehabilitation of Offenders Act. 

4.5.3 However, for some occupations, criminal convictions never become "spent".  Typical occupations include jobs which involve access to children or vulnerable adults or positions of trust, e.g. accountancy.  In these situations, the employer can apply for a "disclosure" from the Criminal Records Bureau, which will detail any previous convictions a person may have.  For more information on this, see: Recordchecks

 

5.1 The Univerity has adopted a policy statement on equal opportunities:

" The Univesity is committed to achieving an educational and working enviornment which provides equalityof opportunity, and freedom from discriminsation on the grounds of race, religion, sex, class, sexual orientation, age, disability or special need."

5.2 The formal adoption of this policy is the concern not only of Heads of Departments, but also of every individual involved in the recuitment and selection process. Selectors must adhere to the principles in this policy statement to ensure that:

1. They will comply with the legal requirements relating to the elimination of discriminatory practices
2. They will be maximising the full potential of all staff available to them
3. They will comply not only with the law, but also with the spirit of the law

5.3 Adopting the procedures outlined in this guide will help not only to ensure that discrimination does not occur, but also will assist in providing evidence of good practice when resisting any claims of descrimination which may be made to an Employment Tribunal.

 

The Government has issued clear guidance on the recruitment of staff who will be required to work with children as a significant part of their duties (e.g. Social Workers, Care Assistants etc). Whilst the University is not obliged to follow this guidance, it is advisable that the following guidance is complied with.

1. Make it clear on the advert or job description and person specification that because the role requires interaction with children, a disclosure check will be obtained. Human Resources have standard statements for such instances.

2. Ensure that every gap in employment or education history is discussed with any shortlisted candidate.

3. Request sight of certificates obtained. This helps to confirm the identity of the candidate.

4. Ensure that proof of identification is obtained to confirm the identity of the candidate. A passport or other photo documentation should be requested.

5. Conduct a face to face interview with the candidate. A telephone interview is not appropriate.

6. Ensure that original references are obtained from current and previous employers (especially where the candidate has been required to work with children in the role). Do not appoint a candidate unless they have provided details of employment/education referees rather than personal ones.

7. Do not offer a candidate the position subject to references. Always obtain these first.

8. Ensure the induction that the candidate receives draws their attention to the University’s child protection policy and clearly sets standards of behaviour and conduct deemed appropriate when working with children.

9. Conduct regular review meetings during the probation period (and beyond) to ensure that the member of staff is coping with the work and is behaving appropriately. For students the personal tutor or project supervisor should conduct regular review meetings

Further information is available at Child Protection: Policies and Procedures

 

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