Recruitment and the Data Protection Act
Any recruitment and selection process will inevitably involve an employer collecting and using information about prospective employees. Much of this information will be personal in nature and the Act helps strike a balance between the employer's needs and the applicant's rights to respect of their private life. In this article Mark Shortell gives an overview of the key areas that you need to consider before beginning any recruitment campaign.
Advertising and Applications
When seeking information from prospective employees you must ensure that you are informing them of who the information they are sending is going to. Adverts must name your company (or identify the recruiting agency), and application forms should name your organisation.
When using application forms, you must ensure that the questions are relevant for all applicants, do not require the applicant to provide information extraneous to the recruitment decision and that there are no questions that would only be relevant for someone in your employ (e.g. asking for bank details).
Only request information about an applicant's criminal convictions if, and to the extent that, the information can be justified in terms of the post that is advertised. If asking is justified, make it clear that spent convictions do not have to be declared.
Short-listing
Employers must be consistent in the way personal information is used in the process of short-listing candidates for particular positions. Methods used to shortlist should be checked to ensure that they do not discriminate on any grounds.
Interviews
Personal information that is recorded and retained after the interview must be relevant to and necessary for the recruitment process itself, or for defending the recruitment process against any challenge. Remember, interviewees may have the right to request access to their interview notes.
Pre-employment vetting
Pre-employment vetting should only be used where there are particular and significant risks involved to the employer, clients, customers or others, and where there is no less intrusive and reasonable alternative. Wherever practicable obtain relevant information directly from the applicant and, if necessary, verify it rather than undertake pre-employment vetting. If pre-employment vetting is required, this should be done at the latest stage possible in the recruitment process. Applicants should be informed early in the recruitment process what vetting will take place and how it will be conducted.
Retention of recruitment records
Ensure that recruitment information about unsuccessful candidates is not held beyond the statutory period in which a claim arising from the recruitment process may be brought - 6 months is a good guide - unless there is a clear business reason for exceeding this period (for example you have agreed with a candidate that you can retain their information in case other vacancies come up).
HR Advantage has the expertise to keep your recruitment legal and, most importantly, to ensure that you are recruiting the best possible person for the job. For more information on our full recruitment service visit www.hradvantage.co.uk/hra-recruitment or contact Theresa on 01494 451681, theresa@hradvantage.co.uk.
November 2006
