Legal and fair recruitment practices
Legal considerations in recruitment
Employers must comply with the Equality Act 2010, which prohibits discrimination against job applicants on the basis of protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Recruitment processes must also comply with data protection laws (UK GDPR and Data Protection Act 2018) and right to work legislation. Employers must not discriminate in job adverts, selection, interviews, or the terms on which employment is offered. Reasonable adjustments must be made for disabled applicants, and all candidate information must be processed lawfully and transparently. Failure to comply can result in tribunal claims, unlimited compensation, and reputational damage.
Ensuring a fair recruitment process
Use clear, objective, and job-related criteria at every stage, including job descriptions, person specifications, and interview questions. Avoid language or requirements that could exclude certain groups unless objectively justified.
Standardise processes by using structured interviews, consistent scoring systems, and, where possible, blind recruitment techniques to minimise bias.
Advertise roles widely to reach diverse candidate pools and avoid practices that could result in indirect discrimination, such as only advertising in limited forums.
Provide reasonable adjustments for disabled applicants throughout the process, such as accessible venues or alternative formats for assessments.
Train all staff involved in recruitment on equality, diversity, and data protection obligations, and keep documentation of decisions to evidence fairness if challenged.
Indirect discrimination in recruitment
Indirect discrimination occurs when a provision, criterion, or practice (PCP) that appears neutral puts candidates with a protected characteristic at a particular disadvantage compared to others. For example, requiring all applicants to work Saturdays may disadvantage those with certain religious beliefs. Indirect discrimination is unlawful unless the employer can objectively justify the PCP as a proportionate means of achieving a legitimate aim. Employers should regularly review recruitment policies and practices to identify and mitigate potential indirect discrimination risks.
Asking about health or disabilities
Employers must not ask about an applicant’s health or disability before making a job offer, except in limited circumstances: to establish whether reasonable adjustments are needed for the recruitment process, to determine if an applicant can carry out an intrinsic function of the job (after adjustments), or for equality monitoring (kept separate from selection). Any health or disability enquiries outside these exceptions are unlawful. After a conditional job offer, health questions may be asked to ensure fitness for the role and to arrange necessary adjustments.
Conducting background checks
Background checks, including references, criminal records, and social media searches, may be conducted where relevant to the role and with the applicant’s knowledge. For regulated roles (e.g., working with children or vulnerable adults), enhanced checks such as DBS are required. Employers must comply with data protection laws, inform candidates about the nature and purpose of checks, and avoid using irrelevant or excessive information. Special category data (e.g., religious or political views) should only be processed where lawful and fair, and candidates must be given an opportunity to respond to any adverse findings before decisions are made.
Work eligibility checks
Employers are legally required to verify every new employee’s right to work in the UK before employment starts. Acceptable evidence includes a valid passport, visa, or biometric residence permit. Checks must be conducted for all employees, regardless of nationality, to avoid discrimination. Failure to carry out proper checks can result in fines of up to £20,000 per illegal worker and potential criminal liability. Employers should retain copies of documents and follow Home Office guidance on acceptable evidence and record-keeping.
Part-time and fixed-term employees
Part-time and fixed-term employees must not be treated less favourably than comparable full-time or permanent staff unless objectively justified.
Recruitment processes and selection criteria must be applied consistently, and job adverts or specifications should not exclude part-time or fixed-term applicants unless there is a genuine business reason.
Ensure contractual terms, pay, benefits, and access to training or promotion are proportionate and non-discriminatory for part-time and fixed-term staff.
Document reasons for any differential treatment and ensure compliance with the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 and Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002.
International recruitment and global mobility
Reasons for employing workers from overseas
Employing workers from overseas enables UK employers to address skills shortages, access a broader talent pool, and support business growth in competitive markets. International recruitment is particularly valuable where domestic candidates lack the required expertise, or where specialist knowledge and language skills are needed to serve global clients or expand into new markets. Overseas hires can also bring diverse perspectives, drive innovation, and enhance organisational capability, supporting both immediate operational needs and long-term strategic objectives.
The UK’s decision to leave the European Union and its impact on recruitment
Brexit ended freedom of movement between the UK and the EU, introducing new visa and immigration requirements for EU nationals wishing to work in the UK. Employers must now sponsor most non-UK workers, including EU citizens who arrived after 31 December 2020, under the points-based immigration system. This has increased administrative costs, extended recruitment timelines, and created additional compliance obligations for UK employers, who must ensure all overseas hires meet visa criteria and right to work requirements. Employers should also be aware of the need to adapt recruitment policies and workforce planning to reflect these changes.
Global business mobility
Global business mobility encompasses the movement of employees across borders for temporary assignments, permanent relocations, or remote work. UK employers can utilise various visa routes, such as the Skilled Worker visa, Global Business Mobility visa, and UK Expansion Worker visa, to facilitate international assignments or transfers. A robust global mobility strategy should align with business objectives, manage costs, and ensure compliance with immigration, tax, and employment laws in both the UK and host countries. Employers should consider assignment purpose, duration, and the most suitable contract type (e.g., secondment, local transfer, dual employment) to mitigate risks and maximise return on investment.
Employers’ responsibilities for avoiding illegal employment
It is a criminal offence to employ individuals who do not have the right to work in the UK. Employers must conduct right to work checks on all employees before employment begins, regardless of nationality, and retain evidence of these checks. For sponsored workers, employers must hold a valid sponsor licence, assign Certificates of Sponsorship, and comply with ongoing reporting and record-keeping duties. Failure to comply can result in civil penalties, criminal sanctions, and loss of sponsor licence. Employers must ensure non-discriminatory recruitment practices and avoid treating candidates less favourably based on nationality or immigration status, except as required by law.
Recruiting overseas workers
Recruiting overseas workers requires a clear understanding of visa options, sponsorship requirements, and compliance obligations. Employers must:
Obtain a sponsor licence from the Home Office if sponsoring workers under the Skilled Worker or Global Business Mobility routes, ensuring systems are in place to meet sponsor duties and compliance checks.
Assign a Certificate of Sponsorship to each overseas hire and support their visa application, ensuring the role meets skill and salary thresholds and the candidate satisfies English language and maintenance requirements.
Conduct right to work checks and maintain accurate records of all checks, visa documents, and recruitment processes to demonstrate compliance during audits or inspections.
Provide appropriate onboarding, support, and training to help overseas workers integrate, and review employment contracts to ensure compliance with both UK and host country laws where relevant.
Monitor visa expiry dates, report changes in circumstances, and keep up to date with changes in immigration law to avoid compliance breaches and associated penalties.
Employers should also consider the impact of international assignments on tax, social security, and employment rights, seeking specialist advice where necessary to ensure compliance in all relevant jurisdictions.
Recruitment and selection process
Defining the role
A robust recruitment process starts with a thorough job analysis to determine the essential duties, responsibilities, and requirements for the role. The job description and person specification must be clear, accurate, and free from discriminatory language or criteria. Essential and desirable criteria should be distinguished, focusing on skills, qualifications, experience, and attributes directly relevant to job performance. Avoid language that could exclude candidates based on protected characteristics under the Equality Act 2010, such as age, gender, or disability, unless an occupational requirement applies and is objectively justified. The person specification should be used to guide both advertising and selection, ensuring transparency and fairness in the process.
Attracting applicants
Roles should be advertised using multiple channels to reach a broad and diverse audience. This may include internal and external job boards, professional networks, social media, and specialist publications. Adverts must be inclusive, avoiding wording that could directly or indirectly discriminate (e.g., “recent graduate” or gendered job titles). Employers should consider positive action to encourage applications from underrepresented groups, provided this does not amount to unlawful positive discrimination. The advert should clearly state the job requirements, application process, and the employer’s commitment to equality and diversity. Information on reasonable adjustments for disabled applicants should be included.
Managing the application and selection process
The application process must be accessible and fair, with clear instructions and formats that do not disadvantage any group. Application forms should not require unnecessary personal information at the screening stage, and blind recruitment techniques (removing names and other identifying details) can help reduce bias. Shortlisting should be carried out by at least two trained individuals, using pre-defined, job-related criteria. All decisions must be based on the requirements set out in the job description and person specification, and reasons for rejection should be documented. Employers must not ask about health or disability except to determine reasonable adjustments or after a conditional offer is made. Data protection obligations under the UK GDPR require that applicants are informed about how their data will be used and stored.
Selection methods and candidate assessment
Selection typically involves structured interviews, skills assessments, psychometric tests, or work samples, all mapped to the essential and desirable criteria. Structured interviews, where all candidates are asked the same questions and responses are scored against a standardised scale, help ensure objectivity and reduce bias. Reasonable adjustments must be offered to disabled candidates, such as accessible venues or extra time for assessments. Interview panels should be diverse where possible, and all panel members should be trained in equality, diversity, and inclusion. References and right to work checks are conducted at the final stages, with offers made conditional on satisfactory completion of these checks.
Making the appointment
Once the preferred candidate is identified, a conditional offer of employment should be made, subject to references, right to work checks, and any other pre-employment screening. The terms of employment must comply with statutory minimum requirements (e.g., National Minimum Wage, holiday entitlement) and must not be less favourable due to any protected characteristic. The employment contract and written statement of particulars must be provided by the statutory deadline. All unsuccessful candidates should be notified promptly and, where possible, provided with constructive feedback. Records of the recruitment process should be retained in line with data protection requirements.
Selection process considerations
Employers must ensure that every stage of recruitment is free from unlawful discrimination and bias, whether conscious or unconscious. This includes the use of AI or automated systems, which must be monitored for indirect discrimination risks. Positive action is permitted only in limited circumstances where candidates are of equal merit and under-representation can be evidenced. All recruitment decisions must be justifiable, transparent, and based on objective criteria. Training for all staff involved in recruitment is strongly recommended to mitigate legal risks and support best practice. Accurate records should be maintained to evidence compliance and support responses to any challenges or claims.
Induction and onboarding
What is induction?
Induction is the structured process by which a new employee is introduced to their organisation, working environment, colleagues, and role. It encompasses all activities that help a new starter acclimatise, understand company culture, and become productive, and is often referred to as onboarding. Induction typically begins before day one and continues through the initial weeks or months of employment, ensuring compliance with statutory obligations such as right to work checks and health and safety training.
The purpose of induction
The primary purpose of induction is to help new employees settle in, understand their responsibilities, and integrate into the organisation’s culture and values. It ensures that statutory and organisational requirements are met, such as legal compliance, workplace safety, and clear communication of expectations. Induction also provides a foundation for ongoing engagement, performance, and retention by supporting new starters from the outset.
Benefits of an effective induction programme
Reduces early turnover and absenteeism by helping employees feel welcomed and supported, which is particularly critical in competitive recruitment markets.
Increases engagement, job satisfaction, and time to productivity, with structured onboarding linked to faster proficiency and higher workplace satisfaction.
Reinforces the employer’s brand and reputation, supporting talent attraction and retention, and demonstrates a commitment to diversity, inclusion, and employee wellbeing.
Ensures legal compliance by completing necessary documentation, right to work checks, and health and safety training, reducing the risk of penalties or claims.
Establishes clear expectations and supports performance management from the outset, reducing misunderstandings and disputes.
HR and L&D teams’ role in induction
HR is responsible for designing, developing, and evaluating the induction policy and programme, ensuring it meets legal requirements and organisational needs. This includes managing pre-employment checks, collecting essential documentation, and coordinating the onboarding schedule.
Learning & Development (L&D) teams support induction by identifying training needs, delivering mandatory and role-specific training, and fostering a culture of continuous learning. L&D ensures that induction content is accessible, inclusive, and aligned with organisational values and compliance standards.
Both HR and L&D should collaborate to provide a positive, inclusive experience, making reasonable adjustments where necessary and supporting line managers in delivering effective induction.
The induction process
Pre-boarding: Begins after offer acceptance and before the first day. Tasks include sending welcome communications, preparing IT access and workstations, sharing employee handbooks, and confirming right to work documentation. Pre-boarding may also involve assigning a mentor or buddy.
Orientation: Takes place on or shortly after the first day, introducing the new starter to the organisation’s mission, values, structure, and key personnel. Orientation should cover company policies, health and safety, GDPR, and practical information about facilities and working arrangements.
Role-specific training: Includes job-specific skills, systems, and compliance requirements. Training should be tailored to the employee’s needs and may be delivered through workshops, e-learning, or shadowing.
Cultural integration: Encourages early relationship-building, team meetings, and social introductions to foster a sense of belonging and inclusion. Assigning a mentor or buddy can provide ongoing support.
Ongoing support and feedback: Regular check-ins with managers and HR ensure the employee is settling in, address any concerns, and provide opportunities for feedback and further development.
Legal compliance: The process must include right to work checks, health and safety induction, and completion of statutory documentation. Failure to comply may result in penalties or legal claims.
