Recruitment

This subtopic provides guidance to employers on all aspects of the recruitment process.

See the Recruitment process—flowchart and Recruitment—best practice—checklist for an overview of the steps to take and issues to consider when recruiting an employee. See also Precedent: Letter—advice to employer client on recruitment process.

It is important that anyone involved in recruitment is aware of the principles of good practice, particularly in relation to discrimination and data protection.

It is unlawful for an employer to discriminate against a person:

  1. in the arrangements the employer makes for deciding to whom to offer employment, or

  2. as to the terms on which the employer offers a person employment, or

  3. by not offering a person employment

The EHRC Employment Statutory Code of Practice, which came into force on 6 April 2011 under section 14 of the Equality Act 2010 (EqA 2010), covers discrimination in employment and work-related activities, including in recruitment (see Chapter 16). While the Code is not legally binding, it can be used in evidence in legal proceedings brought under EqA 2010, and must be taken into account by tribunals

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Latest Employment News

Right to work guidance updated on Digital Verification Service checks

The Home Office has issued an updated version of its ‘Employer’s guide to right to work checks’ document, with the changes primarily related to simplifying the information on digital checks for employers of British and Irish citizens who have a valid passport (or Irish passport card). The new version has removed various technical details which were previously intended for providers of these digital verification services, and revised the relevant terminology, so that ‘Digital Verification Service (DVS)’ now includes both the terms Identity Service Providers (IDSPs) and Identity Document Validation Technology (IDVT). This is stated to align the guidance with the terminology used in the UK digital identity and attributes framework and the Data (Use and Access) Act 2025. Guidance and requirements specifically for DVS are now set out in a separate, supplementary code for digital right to work checks. The relevant guidance for employers has been revised. Although it is not currently mandatory for employers to use a DVS certified against the ‘trust framework’ and the supplementary code, this position will change ‘in the near future’, and it will become mandatory to use a DVS listed on the register of certified DVS (maintained by the Office for Digital Identities and Attributes (OfDIA)). In other changes, the new version reiterates that an original expired BRP is not proof of a right to work, and instead an online check must be taken. It also confirms that short-term entry clearance vignettes are being phased out, and that increasingly persons recently issued entry clearance will only have their eVisa to rely on for these purposes, so will need to create a UKVI account as soon as possible and can do this from overseas. In relation to asylum seekers with a pending claim, the guidance now states that they can also volunteer whilst their claim is considered without being granted permission to work, but they can only carry out 'paid' work if they have been granted permission to work under the Immigration Rules, Part 11, paras 360 or 360C. Previously the reference in our quotation marks to ‘paid’ work stated ‘voluntary’ work

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