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What Information Do You Need From Your New Starters?

Recently, I have been asked many questions regarding the law surrounding recruitment, so I thought I would give employers 5 top tips that will help them stay on the right side of the law when taking on a new employee.

1.       The first piece of advice is in relation to the application form – only ask for information relevant to the position you are offering. Most employers use a standard application form asking for the usual details including previous positions and employers, education and relevant training courses, contact information and 2 referees.

2.       During the interview stage – you are entitled to ask candidates about unspent convictions. However candidates are generally not under an obligation to give details about their spent convictions as they are regarded to have a clean record unless the position applied for involves working with children, vulnerable people or is covered under various exceptions.

3.       You should refrain from asking questions in relation to disability, age, race, religion or belief, pregnancy or maternity, marriage or civil partnership, sexual orientation or about gender reassignment unless one of the specific exemption the Equality Act 2010 apply.

4.       If a candidate is successful you can request a health check only if it is a legal requirement for the particular position and the job requires it.

5.       Before successful candidates commence employment always ensure that you obtain the necessary documentation to prove that they have the right to work in the UK and keep a copy of such documentation in their personnel file.

As always if I can provide you with any further assistance please do not hesitate to contact me for a free consultation on 01133 50 40 30 or samira.cakali@scesolicitors.co.uk.


Samira Cakali

Samira Cakali is a pragmatic and approachable solicitor advocate with extensive contentious and non-contentious experience in the fields of employment law as well as civil litigation, within a range of commercial businesses from SME’s to multinationals as well as senior executives.

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