Recruiting Staff - How to Avoid Basic Mistakes

Staff recruitment is a complex area, like the rest of employment law. Employers who follow the advice given below should be able to avoid making basic mistakes, and stop themselves being forced to pay discrimination compensation.

Recruitment - The First Hurdle

When advertising for a new member of staff, specify only skills and knowledge which are a genuine requirement of the post on offer, avoiding requirements which disadvantage a particular group of people and which could constitute unlawful discrimination. Preparing a job description or specification can help in the process of analysing the exact needs of the job.

The selection process must be seen to be objective and open at all stages. Selection criteria should be established at the outset and consistently applied to all candidates. These should directly reflect the requirements of the post and should be described in a clear, objective and precise manner. Avoid making stereotypical assumptions. Be sure that you have made arrangements for any disabled applicants to come for an interview. Where possible, ensure that more than one person carries out the interview and that all candidates are asked the same questions. Deciding on the wording of the questions in advance is a good way of ensuring equal treatment and of avoiding careless use of language.

The successful candidate should be offered the job subject to any conditions, such as satisfactory references etc. A copy of your terms of employment, receipted by the successful candidate, will reduce the likelihood of later disputes as to what was agreed. Providing feedback after the interview process, to explain to unsuccessful candidates why they were not chosen, could reduce the likelihood of a discrimination compensation claim.

Written Statement of Employment Particulars

All employees must be given a written statement setting out the main particulars of their employment, provided their employment lasts for one month or more. This must normally be given within two months of the start of the employment and may be contained in the contract of employment. If the employee is to work abroad for more than one month within two months of commencing employment, it must be provided before the employee goes abroad.

All employers have to have minimum statutory dismissal, grievance and disciplinary procedures, details of which must be available to employees either in an an accessible document or in the written statement of particulars.

Contracts and the Staff Handbook

Contracts with employees should be tailored to suit your business. Subsequent variations to the contract must be approved by the employee. In addition to contractual arrangements, you should have a staff handbook detailing practices and procedures which are to be followed, for example with regards to health and safety, details of the dismissal, disciplinary and grievance procedures and other standard operating procedures.

It is recommended to speak with staff representatives or trade unions if you are developing or amending the company rules. It's also sensible if one person carries out the interview and that all candidates are asked the same questions. Deciding on the wording of the questions in advance is a good way of ensuring equal treatment and of avoiding careless use of language.

Written Statement of Employment Particulars

All employees must be given a written statement setting out the main particulars of their employment, provided their employment lasts for one month or more. This must normally be given within two months of the start of the employment and may be contained in the contract of employment. If the employee is to work abroad for more than one month within two months of commencing employment, it must be provided before the employee goes abroad.

All employers have to have minimum statutory dismissal, grievance and disciplinary procedures, details of which must be available to employees either in an an accessible document or in the written statement of particulars.
 As with other aspects of employment law, it's crucial that the correct procedures followed.

If they have any doubts, employers should consult a specialist employment law solicitor. Spending a small amount of time getting the basics correctly set up should help you minimise the chances of facing an expensive discrimination compensation or other employment tribunal claim.


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Tim Bishop is senior partner at Bonallack & Bishop, a firm of specialist Employment Law Solicitors experienced in discrimination compensation claims. He is responsible for all major strategic decisions and has grown the firm by 1000% in 12 years, with strong plans for its continued expansion.