Hiring the right candidate is one of the most critical tasks for any organisation. A successful hire can significantly contribute to the growth and prosperity of a company, while a wrong hire can lead to wasted resources and potential disruptions to the team and workflow.
Research shows that 51% of adults have admitted to lying on their CV, making pre-employment checks are an essential aspect of the hiring process. These checks allow employers to make informed decisions and ensure that prospective employees possess the necessary qualifications, skills, and background to excel in their roles. By conducting thorough and compliant pre-employment checks, employers can create a safe, efficient, and productive work environment.
In this guide, we will explore the various types of pre-employment checks available to employers and best practices to follow, including:
- Why it’s important to conduct pre-employment checks
- Before conducting pre-employment checks
- When to conduct pre-employment checks
- Types of pre-employment checks
- What happens if a pre-employment check highlights a concern?
- Pre-employment checks and GDPR
Why it’s important to conduct pre-employment checks
Criminal cases of individuals misleading their employers about qualifications or experience regularly feature in the news. These incidents emphasise the significance of conducting thorough pre-employment checks to verify candidates’ credentials and background. Here are some specific reasons why pre-employment checks are a critical part of the recruitment process:
Ensuring informed hiring decisions. Pre-employment checks play a crucial role in ensuring that employers have accurate information about job candidates. By verifying educational qualifications, work experience, and employment history, employers can make well-informed decisions when selecting the most suitable candidate for a particular role.
Safeguarding the interests of both employers and employees. By identifying potential red flags, such as discrepancies in job applications or CVs, employers can avoid hiring candidates who may not be a good fit for the organisation.
Maintaining a safe and productive work environment. Certain job positions involve access to sensitive information or vulnerable populations. Pre-employment checks help ensure that potential hires have a clean criminal record and no history of unethical behaviour, contributing to a safer work environment for all employees.
Compliance with legal and regulatory requirements. Conducting pre-employment checks helps employers comply with legal regulations and industry standards. In some professions, background checks are mandated by law, especially in fields like healthcare and finance, where employees handle confidential client data.
Improving productivity and reducing turnover. Hiring the right candidate leads to improved productivity and reduced turnover rates. Pre-employment checks help identify candidates with the necessary skills and qualifications, increasing the likelihood of successful job performance and long-term employee retention.
Fair and consistent process. It is vital for employers to conduct pre-employment checks in a fair and consistent manner. The extent and type of checks may vary based on the nature of the job and the industry, but consistency ensures that all candidates are evaluated fairly.
Before conducting pre-employment checks
It’s important to note that whilst pre-employment checks offer significant advantages, they must be conducted in a fair, transparent, and legal manner to protect the rights and privacy of candidates.
Before initiating any pre-employment checks, ensure you have obtained the candidate’s explicit consent to conduct these checks. This consent should be provided in writing and be separate from the employment contract.
When to conduct pre-employment checks
Due to safeguarding measures in regulated sectors such as education and care, it is essential to conduct all checks prior to an employee’s start date. In other sectors, it is always best practice to finalise pre-employment checks before an employee’s start date.
The best time for employers to conduct pre-employment checks is after they have made a conditional job offer to the candidate. This means that the candidate has successfully gone through the interview process and has been deemed suitable for the position pending the outcome of the pre-employment checks.
By conducting the checks after making a conditional job offer, employers can avoid potential discrimination issues and ensure that they are only screening candidates who are genuinely being considered for the position. This approach also respects the candidate’s privacy, as conducting extensive background checks on all applicants can be invasive and time-consuming.
Types of pre-employment checks
Right to work checks
To verify that the candidate has the legal right to work in the UK, request original documents such as a valid passport, visa, or residence permit. Follow the Home Office guidelines on checking documents to prevent employing illegal workers.
Consistency is key. Conduct right to work checks for all employees, not just those who do not appear to be from the UK, to avoid discrimination issues. Verify the identity of all employees, regardless of their nationality, to ensure they are who they claim to be. This helps prevent illegal working and fraudulent use of identity documents.
Verify the authenticity of documents provided by employees by checking security features and ensuring they are genuine. The UK government’s website provides guidance on how to check various documents. In addition, it’s important to check the validity to ensure that the documents provided by employees have not expired. If a document has a limited duration, schedule follow-up checks as necessary. Remember, expiry dates on a British passport do not need to be followed up.
Maintain accurate and up-to-date records of the documents checked, including the date of the check and copies of the documents. Retain these records for the duration of employment and at least two years after an employee’s departure.
Finally, ensure that the individuals within the organisation involved in conducting right to work checks are properly trained and familiar with the process and requirements.
Reference checks
Reference checking involves contacting the candidate’s provided references to verify their employment history, performance, and suitability for the role. Typically, two professional references are sufficient, one being the current or most recent employer. However, the number of references contacted and the types of references accepted should align with your recruitment policy if your organisation has one.
Consideration should be made on whether references are required or useful. Some sectors have policies in place that specifically require reference checks, for instance in education settings.
It is also important to note that not all reference requests are equally valuable. To ensure consistency in the information collected as part of the reference check process, your organisation should utilise a template reference request form and send this to the individual’s work email address, rather than a personal one.
The types of questions typically asked on a reference form include:
- Did you find the applicant to be reliable in carrying out his/her/ their duties?
- Was the applicant’s time-keeping satisfactory?
- Did the applicant have any disciplinary warnings during his/her/ their last 12 months’ employment with your organisation?
- What was the reason for the applicant leaving your company?
DBS checks (criminal record checks)
Some roles may require a Disclosure and Barring Service (DBS) check. DBS checks are used to assess an individual’s criminal record and determine their suitability for certain types of work or activities involving children or vulnerable adults. Below are the key differences between standard and enhanced DBS checks:
Standard DBS check
A standard DBS check contains details of an individual’s spent and unspent convictions, cautions, reprimands, and final warnings.
It is most commonly used for certain types of employment, such as working in finance, security, or legal positions, where a higher level of background checks is required. Employers can request standard DBS checks for positions that don’t involve regular contact with children or vulnerable adults.
Enhanced DBS check
An enhanced DBS check includes all the information provided in a standard DBS check as detailed above. Additionally, it may include relevant information held by the local police forces or authorities. This could be relevant non-conviction information, intelligence, or other details deemed pertinent to the role applied for.
Enhanced DBS checks are typically required for roles that involve working closely with children or vulnerable adults, such as teachers, healthcare professionals, or caregivers.
The key distinction between the two checks is that the enhanced DBS includes additional information that may not be present in a standard DBS check, particularly regarding roles where individuals are in regular contact with vulnerable groups.
Social media
Conducting social media screenings can provide additional insights into a candidate’s behaviour and character. However, be cautious and only use publicly available information to avoid privacy violations or discrimination.
Employers can view publicly available information on social media platforms such as Facebook, X (formerly known as Twitter), LinkedIn, and Instagram. This includes posts, photos, comments, and other content that the candidate has made accessible to the general public.
Employers might evaluate a candidate’s LinkedIn profile to assess their professional qualifications, work experience, endorsements, and recommendations from colleagues. They may look for any offensive or discriminatory language or behaviour on social media that could be a red flag for potential issues in the workplace.
Additionally, employers may find it useful to cross-reference any information provided in the application form or during interviews with social media profiles to verify consistency. For example, information on LinkedIn profiles can be used to check the details of employment history provided on the application form.
It’s essential for employers to be cautious when using social media as a screening tool to avoid any potential bias or discrimination based on protected characteristics as set out in the Equality Act.
Other background checks
Other background checks may also be appropriate depending on the role and sector.
Qualifications and education: These checks confirm the candidate’s educational qualifications and certifications by requesting copies of relevant certificates. An example would be checking that an individual has a teaching qualification providing them with ‘QTS’ (qualified teacher status) which enables them to work in a teaching role.
Credit checks: These types of checks only need to be conducted if the role requires financial responsibility, such as handling cash, financial accounts, or sensitive customer information. Employers should obtain the candidate’s permission before conducting credit checks.
Professional licenses and memberships: For roles requiring specific licenses or professional memberships, verify that the candidate possesses the necessary credentials. An example of this would be an HGV driver: the candidate will likely need to possess a category C driving licence which enables them to drive heavy goods vehicles.
Medical checks: Typically, employers cannot conduct medical checks before a job offer. However, in some cases, medical assessments may be required if they directly relate to the job’s requirements. An example of this would be fire and rescue officers, due to the high level of fitness required to undertake the role to ensure the safety of the individual and those around them.
What happens if a pre-employment check highlights a concern?
In the course of conducting pre-employment checks, there is a possibility that certain concerns may arise. For instance, a criminal conviction from the candidate’s past may come to light during a background check. It’s crucial for employers to handle such situations with utmost care and consideration to avoid discriminatory practices.
The CIPD emphasises the importance of employers adhering to fair and non-discriminatory hiring practices. While pre-employment checks are meant to assess a candidate’s suitability for a specific role, it’s essential not to let any prior convictions or negative elements from their past automatically disqualify them from consideration.
According to the Equality Act 2010, it’s illegal for employers to discriminate against applicants based on their protected characteristics, which include factors like age, disability, gender, race, religion, and belief, among others. This legislation ensures that individuals are assessed on their abilities and qualifications relevant to the job rather than their personal history.
If a pre-employment check highlights a concern, such as a criminal conviction, the employer must follow a fair and transparent process. They should engage in open dialogue with the candidate to discuss the findings and give them an opportunity to explain the circumstances surrounding the concern highlighted. This allows the candidate to provide context and demonstrate personal growth.
The employer should consider the nature of the conviction and its relevance to the role being applied for as not all criminal convictions automatically render a candidate unsuitable for a job. Each case must be assessed on an individual basis, taking into account factors such as the severity of the offence, the time that’s elapsed since the incident, and the candidate’s conduct since then.
In some cases, specific roles may require background checks due to regulatory or safety reasons. However, even in these situations, the employer should assess the information obtained from the checks in a fair and balanced manner. Striking a balance between safeguarding the organisation’s interests and respecting the rights and dignity of the individual being evaluated is essential.
For further information about withdrawing a job offer, read our article: Withdrawing a job offer.
Pre-employment checks and GDPR
Conducting pre-employment checks must be done in compliance with the principles and requirements of the GDPR. Here are some key considerations to ensure GDPR compliance during pre-employment checks:
Lawful basis for processing
Employers must have a lawful basis for processing candidates’ personal data during pre-employment checks. This may include obtaining the individual’s consent, fulfilling a contractual obligation, or complying with legal requirements. Candidates must be informed about the specific purposes for which their data will be used and obtain their explicit consent if necessary.
Data minimisation
To ensure GDPR compliance, employers should only collect and process personal data that is necessary for the specific purpose of the pre-employment checks. Unnecessary or excessive data collection should be avoided.
Transparency
Candidates must be provided with clear and transparent information about the processing of their personal data. Employers should present a detailed privacy notice that explains the purposes of the pre-employment checks, the types of data collected, and how long the data will be retained.
Security measures
Employers are responsible for ensuring the security and confidentiality of the personal data collected during pre-employment checks. Appropriate measures should be implemented to protect the data from unauthorised access, disclosure, or accidental loss.
Retention periods
Personal data obtained during pre-employment checks should not be retained for longer than necessary. Employers should establish clear retention periods as part of their data protection policy and regularly review the need for keeping the data beyond the hiring process.
Rights of candidates
Candidates have certain rights under the GDPR, such as the right to access their personal data, request rectification or deletion of inaccuracies, and object to the processing of their data under certain circumstances. Employers must be prepared to respond to these types of requests in a timely manner.
Summary
Pre-employment checks are a critical element of the hiring process, enabling employers to make well-informed decisions when selecting candidates for their organisations. Conducting thorough checks not only helps mitigate hiring risks but also contributes to building a competent and trustworthy workforce, leading to overall organisational success. Striking a balance between gaining valuable candidate information and respecting their privacy and rights is essential during this crucial stage of hiring.
To ensure compliance with GDPR, employers must handle candidate information with confidentiality, using it solely for employment-related decisions and securely storing and processing personal data. Discrimination based on protected characteristics must be avoided, focusing instead on candidates’ skills, qualifications, and relevant experience.
Accurate and detailed records of all pre-employment checks, including the information gathered and the check dates, should be maintained. Regularly reviewing these checks helps ensure ongoing compliance with legislation. By adhering to these principles, employers can conduct pre-employment checks ethically and ensure a transparent hiring process that benefits both employers and candidates alike.
How we can help
We have a team of experienced People professionals available to support you with your organisation’s pre-employment checks. From developing a robust recruitment policy to conducting the checks, we can help.
Please call us on 0330 223 5253 or email office@fitzgeraldhr.co.uk
Further reading
We hope you’ve found this guide useful. For further information and resources, take a look at these articles and guides:
