POLICY

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					SHETLAND ISLANDS COUNCIL



  RECRUITMENT AND
  SELECTION POLICY




 Operational Date: 2009
 Applies to:




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Shetland Island Council

                       RECRUITMENT AND SELECTION POLICY


Operational Date: 2009
Review Date:



1    INTRODUCTION .............................................................................................................. 3
2    SCOPE OF POLICY ......................................................................................................... 3
3    LEGISLATIVE FRAMEWORK .......................................................................................... 3
4    LINKS TO OTHER POLICIES .......................................................................................... 4
5    RECRUITMENT AND SELECTION PROCESS ............................................................... 5
6    AUTHORISATION ............................................................................................................ 5
7    ADVERTISING ................................................................................................................. 5
8    APPLICATION FORMS .................................................................................................... 6
9    SELECTION PANELS ...................................................................................................... 6
10   SELECTION METHODS .................................................................................................. 8
11   APPOINTMENT DECISIONS ......................................................................................... 10
12   PRE-EMPLOYMENT CHECKS ...................................................................................... 10
13   SALARY PLACING ......................................................................................................... 13
14   PROBATIONARY PERIODS .......................................................................................... 13
15   INTERVIEW EXPENSES ............................................................................................... 13
16   RELOCATION ................................................................................................................ 14
17   WITHDRAWL OF SUCCESSFUL APPLICANT ............................................................. 14
18   REDEPLOYMENT .......................................................................................................... 14
19   SECONDMENTS ............................................................................................................ 14
20   ACTING UP/UNDERTAKING HIGHER DUTIES ........................................................... 14
21   APPOINTMENTS FROM TEMPORARY REGISTER .................................................... 14
22   AGENCY WORKERS ..................................................................................................... 15
23   CAREER GRADING ....................................................................................................... 15
24   MARKET FORCES ......................................................................................................... 15
25   INDUCTION .................................................................................................................... 15
26   CONFIDENTIALITY AND DATA PROTECTION............................................................ 15
27   FREEDOM OF INFORMATION REQUESTS ................................................................ 16
28   CANVASSING ................................................................................................................ 16
29   COMPLAINTS AND BREACHES OF POLICY .............................................................. 16




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1      INTRODUCTION

       1.1    The Council aims to attract and recruit the most appropriate
              person available. Recruitment and Selection decisions will be
              based on consideration of the required attributes for effective
              performance.

       1.2    The Council recognises that fair recruitment practice is good
              recruitment practice and is committed to achieving equality of
              opportunity in the recruitment and selection of staff.

       1.3    In recruitment to posts involving working with children and
              vulnerable adults we will take additional steps to ensure we
              uphold our duty to protect.

       1.4    All those, whether Council Staff or Council members, taking part
              in the recruitment and selection of staff will be aware of the
              Council's policies in this regard and have received formal
              training in this.

       1.5    Every job applicant will be made aware of the Council's policies
              on Recruitment and Selection and Equality and Diversity
              through the Recruitment Charter, which will be made available
              to each applicant through the Recruitment Portal or paper
              application pack.

       1.6    This policy should be viewed as a set of guiding principles that
              reflects the agreed practice the Council wishes to implement
              across all departments. There are also procedural documents
              that provide more detailed, step-by-step descriptions of how
              particular recruitment processes should be carried out.


2      SCOPE OF POLICY

       2.1    This policy applies to all employees and potential employees of
              Shetland Islands Council.

       2.2    External agencies providing recruitment services to the Council
              are expected to adhere to the principles of this policy.


3      LEGISLATIVE FRAMEWORK

       3.1    The Council has a legal responsibility to ensure that no unlawful
              discrimination occurs in the recruitment and selection process.
              In that regard we will adhere to all current and pending anti-
              discrimination legislation.   This policy aims to achieve a
              consistent approach in order to comply with employment
              legislation and recognised best practice.


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       3.2    The main pieces of legislation that impinge on this policy are:

                 Data Protection Act 1998 as amended;
                 Disability Discrimination Act 1995;
                 Employment Equality (Sexual Orientation) Regulations 2003;
                 Employment Equality (Religion or Belief) Regulations 2003;
                 Employment Rights Act 1995;
                 Police Act 1997, Part V;
                 The Police Act 1997 (Criminal Records) (Scotland)
                  Regulations 2006;
                 Race Relations Act 1976 and Race Relations (Amendment)
                  Act 2000;
                 Rehabilitation of Offenders Act 1974;
                 Rehabilitation of Offenders Act 1974 (Exclusions and
                  Exceptions) (Scotland) Order 2003 as amended;
                 Scottish Schools (Parental Involvement) Act 2006
                 Head Teacher and Depute Head Teacher Appointment
                  Regulations 2007;
                 Sex Discrimination Act 1975 and 1986.
                 Employment Equality (Age) Regulations 2006
                 Immigration, Asylum and Nationality Act 2006


4      LINKS TO OTHER POLICIES

       4.1    There are a number of existing Council policies which impact on
              the Recruitment and Selection policy. These are:

                 Equality & Diversity Policy;
                 Employment of Disabled People;
                 Redeployment Policy;
                 Code of Conduct for Employees;
                 Job Share Policy;
                 Remote Working;
                 Undertaking Higher Duties / Acting Up;
                 Employment of Staff Over Retirement Age;
                 Career Grading Policy;
                 Application of Market Forces Supplements;
                 Internal Secondment;
                 Policy on The Disclosure of Criminal Record Information.

       4.2    Copies of these policies are available on the Human Resources
              pages of the Council’s intranet site.




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5      RECRUITMENT AND SELECTION PROCESS

       5.1    Full details of the procedures applicable are contained in
              separate procedure documents:

                 Vacancy Notification and Advertising Procedures
                 Recruitment and Selection Procedures
                 Scheme for Head Teachers and Depute Head Teachers

       5.2    Copies of these procedures are available on the Human
              Resources pages of the Council’s intranet site.


6      AUTHORISATION

       6.1    All recruitment should be authorised in accordance with current
              Vacancy Notification and Advertising procedures. (Link to:
              Vacancy Notification and Advertising Procedure)

       6.2    For posts at Head of Service level and above, authorisation will
              be made by full Council.


7      ADVERTISING

       7.1    All vacancies will be advertised online using the Scottish
              Recruitment Portal, and where agreed local and national media.
              The exceptions are:

                 Posts which are to be filled through the Council’s
                  Redeployment Policy or because of organisational change.
                  Parent Councils must be fully consulted on possible
                  redeployment into Head Teacher and Depute Head Teacher
                  posts.

                 A relief/supply bank of staff is maintained in some services to
                  ensure staffing levels are sufficient to ensure essential
                  services and/or safety standards. Relief/supply workers may
                  be appointed to cover posts which are vacant due to
                  employee sickness, unexpected absences, short term
                  holiday cover and while they are being filled through normal
                  recruitment mechanisms.

                 Where multiple identical vacancies or an identical vacancy
                  arises during the course of recruitment, permission may be
                  sought from Human Resources to recruit from the original
                  advert. This must be agreed prior to interview and should be
                  communicated clearly to prospective applicants and relevant
                  trade unions.



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       7.2    Graduates who have recently left the Council’s Graduate
              Placement Scheme remain eligible to apply for internal
              vacancies for 6 months after their date of termination.

       7.3    As part of the Scottish Schools (Parental Involvement) Act 2006
              all senior school posts must be advertised nationally.

       7.4    Community Health and Care Partnership posts with joint
              management arrangements may be advertised internally in each
              of the relevant partner agencies.

       7.5    The method of advertising should relate directly to the skills and
              experience needed to do the job and to equality of opportunity.

       7.6    All posts are regarded as suitable for job-share unless an
              exemption is agreed for job related reasons. This must be made
              clear in the advertisement.

       7.7    Similarly, all posts should be considered if they are suitable for
              remote working, unless an exemption exists. Again this should
              be made clear in the advertisement.

       7.8    All advertisements will normally have a closing date of at least
              10 working days. National advertisements may need to be
              longer depending on issue dates. Human Resources and the
              relevant trade union must agree any exception to this.


8      APPLICATION FORMS

       8.1    All applications must be made on a Shetland Islands Council
              application form, either in paper format or electronically on-line.
              Curriculum vitae will not be accepted, unless in the case of
              visually impaired applicants. The application form will not
              request information on the applicant’s gender, age, marital
              status, religion or race. However this information is requested in
              on a separate Equal Opportunities Monitoring form. This
              information will be collated by Human Resources for monitoring
              purposes and will not be seen by the selection panel. Council
              application forms will be reviewed regularly to ensure that
              inappropriate information is not requested.


9      SELECTION PANELS

       9.1    For posts at Head of Service level and above the selection panel
              is as follows:

                 Chief Executive appointed by full Council taking advice from
                  Executive Committee.


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                 Executive Director appointments made by full Council taking
                  advice from Executive Committee.

                 Head of Service appointments made by Executive Director in
                  consultation with two out of three of Chair/Vice Chair of the
                  relevant committee and Spokesperson for that service. In
                  instances where there is no Spokesperson for the relevant
                  service area the panel will consist of the Executive Director,
                  in consultation with two out of four of Chairperson, Vice
                  Chairperson, Convener and Vice Convener.

       9.2    For posts below Head of Service the panel will comprise the
              direct supervising officer and the Head of Service or designate.
              The size of the panel will be determined by the nature and grade
              of the post but must always contain at least two people.

       9.3    In accordance with the Scottish Schools (Parental Involvement)
              Act 2006; for the appointment of senior posts in schools; Head
              Teacher and Depute Head Teachers at least one third of the
              selection panel must comprise of:

                 A parent member (or members) of that Parent Council; or
                 A person who is not a member of the Parent Council may at
                  the request of the Parent Council, assist it in discharging its
                  functions in connection with the appointment process.
                 A combination of the above.

       9.4    Additionally recruitment to Head Teacher and Depute Head
              Teacher posts must be carried out in accordance with the
              current Scheme for Head Teachers and Depute Head Teachers.
              (Link to: Scheme for Head Teachers and Depute Head
              Teachers)

       9.5    All participants must be trained through a Council Recruitment
              and Selection training course and should be aware of all the
              relevant employment legislation that must be complied with.

       9.6    Wherever possible short listing and interview panels should be
              gender balanced. One panel member should be nominated as
              Chair Person.

       9.7    Once the panel membership has been decided (in accordance
              with the above and as defined under ‘employment of related
              people’), a timetable for the whole process of appointment
              should be agreed in order that all panel members are involved
              throughout the entire recruitment and selection process.

       9.8    Involvement of clients, service users, Parent Council members



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       9.8.1 Any involvement of non-Council employees in the recruitment
             process should be clearly explained to the short-listed applicants
             including whether or not they have decision-making powers.

       9.8.2 For posts involving working with children and vulnerable adults,
             service users may have some involvement in the selection
             process. The involvement may normally take the form of a
             supervised site visit as part of the process and an opportunity for
             service users to speak with short listed candidates while
             supervised. Their comments should then be fed back to the
             selection panel for consideration as part of the overall decision.

       9.8.3 Human Resources advice should be sought on the involvement
             of service users in any recruitment and selection process.

       9.9    Employment of Related People

       9.9.1 The council has debated the issue of employment of related
             people, and has set the following standard, which includes the
             standard for involvement in recruitment and selection processes.
             This is made clear to all applicants in recruitment information,
             through the following statement.

              “Shetland Islands Council has agreed that staff or elected
              members may not take any part in a selection process where an
              applicant is a close relative or a friend. It also recognises that in
              a small community it is inevitable that some relatives may work
              together. All staff must be mindful of the code of conduct for
              employees, which has specific restrictions regarding some
              supervisory aspects, and be sensitive to the need to avoid even
              a perception of impropriety. A close relative is defined as
              spouse or partner, grandparent, parent, aunt, uncle, sister,
              brother, child, niece, nephew, grandchild (including ‘step’ and
              ‘in-law’ relationship)”.


10     SELECTION METHODS

       10.1   The selection of applicants shall not be based on information
              beyond that necessary for assessing a candidate’s suitability for
              the post. Selection criteria will be consistently applied.

       10.2   Disabled Applicants

       10.2.1 The Council has determined as part of its policy on Equality and
              Diversity that if a disabled applicant meets the minimum stated
              requirements they will be guaranteed an interview. When two
              candidates are equally suited for the post, one being disabled,
              the disabled candidate should be appointed.



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       10.4   Interviews

       10.4.1 The Council considers that interviews are the preferred method
              of selection.

       10.4.2 All interviews will be conducted in a fair and consistent manner
              and must be structured and systematic. Interview assessment
              forms should be used to record each interviewee’s performance
              assessment.


       10.5   Alternative Selection Methods

       10.5.1 Where some form of selection testing is seen as beneficial
              Human Resources must be consulted to ensure that the tests
              are appropriate and will not unfairly disadvantage any group.
              This includes presentations, in-tray exercises and work-based
              assessments.

       10.5.2 Where an alternative selection method has been agreed in
              addition to an interview, the candidate must be given a minimum
              of one weeks notice.


       10.6   Psychometric Testing

       10.6.1 Psychometric tests used in occupational settings come in two
              formats:

                 Ability and aptitude tests which assess the individual’s
                  specific ability at verbal, numerical or abstract reasoning
                  skills; and
                 Personality tests which provide a profile of the individual’s
                  personal qualities such as personality, temperament, values
                  and interests.

       10.6.2 Advice should be sort from Human Resources as early as
              possible on whether the use of psychometric testing is relative,
              appropriate and effective in the recruitment and selection to a
              particular post.

       10.6.3 Test Administrators must hold the appropriate British
              Psychological Society Certificate of Competence in
              Occupational Testing; Level A for the administration and
              interpretation of ability and aptitude tests and Level B for the
              administration and interpretation of personality tests.




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11     APPOINTMENT DECISIONS

       11.1   The panel will complete an interview assessment form for each
              candidate, and will record the reasons for the ranking given. An
              interview results sheet must be completed recording the
              decision and providing all the information required to allow an
              offer of appointment to be made to the successful candidate. A
              reserve should be nominated at this stage where possible.

       11.2   The offer should be made with clear conditions attached.

       11.3   It cannot be overstated that where a conditional offer has
              been made a person cannot start employment until all the
              conditions have been achieved.

       11.4   No conditional offers should be made for posts where the
              candidate is required to work with children or with vulnerable
              adults. Applicants may be informed that they are still being
              considered and that the service is now seeking further
              information to support their selection decision.

       11.5   Where all the conditions are verified the offer should be
              confirmed in writing.

       11.6   All appointments must be made on merit and must reflect the
              candidate who most closely meets the essential requirements of
              the job as set out in the person specification and/or the career
              grade where it applies.

       11.7   Detailed reasons for rejecting and appointing candidates must
              be recorded. It is insufficient to record merely that the candidate
              is unsuitable.


12     PRE-EMPLOYMENT CHECKS

       12.1   The preferred candidate's appointment will be confirmed only
              after the following pre-employment checks have been
              completed:

       12.2   Disclosure Scotland Checks

       12.2.1 For posts that are exempt from the provisions of the
              Rehabilitation of Offenders Act, all applicants invited to interview
              are required to disclose information on criminal convictions,
              including spent convictions.         This is done through the
              Declaration Form.

       12.2.2 Where appropriate to the post, applicants will in addition be
              checked against the Disqualified from Working with Children List


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              and other comparative lists in England, Wales and Northern
              Ireland.

       12.2.3 For posts which require the selected candidate to be screened
              by Disclosure Scotland, an authorised officer shall obtain any
              relevant information.     When completing a form for such
              purposes an applicant will be required to provide proof of
              identity, such as a birth certificate and any certificates showing
              change of name, verified with a passport, driving licence or
              credit card.

       12.2.4 Please also refer to the Policy on the Disclosure of Criminal
              Record Information. Further information may be found in the
              Disclosure Scotland Code of Practice. (Link to: Policy on The
              Disclosure of Criminal Record Information)

       12.3   Medical Screening Checks

       12.3.1 Where deemed necessary, appointments will be subject to pre-
              employment screening through the Council's Occupational
              Health service. All information is provided in confidence to
              occupational health.

       12.3.2 In safety critical employment areas pre-employment screening
              may include drug and alcohol testing. Examples include sea
              staff and posts involving driving and /or working with machinery.

       12.3.3 Managers of Residential Care Units must be assessed as a ‘Fit
              Manager’ in accordance with Care Commission regulations.
              This involves obtaining opinion from the applicants GP, subject
              to normal authorisation procedures.

       12.3.4 All Sea Staff must possess a valid ENG1 before commencing in
              post.

       12.4   Validation of Qualifications Checks

       12.4.1 All candidates are required to bring proof of original
              qualifications to interview. A verified copy will be retained on the
              employee’s personal file. For posts requiring professional
              registration the candidate will be required to provide evidence of
              qualifications and current registration status. For Teaching posts
              this will include checking the General Teaching Council
              Scotland’s database that registration is in a relevant subject.

       12.5   References Checks

       12.5.1 All appointments will be subject to satisfactory references.
              Wherever possible references should be available prior to



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              interview but exceptionally a conditional offer may be made
              subject to satisfactory references.

       12.5.2 For posts involved in working with children or vulnerable adults
              references must always be available prior to interview, and
              additional references may be sought as deemed appropriate.

       12.5.3 References must be sought from the most recent employer, and
              one other nominated employer using the reference forms
              provided. The right is reserved however to contact any previous
              employer detailed following notification of this intention to the
              candidate.

       12.5.4 Where an applicant has not been employed since leaving
              school/college they should give a tutor as a replacement.

       12.5.5 For applicants who have previously worked for the Council, in
              addition to the referees provided; reference information will also
              sought, where practicable, from the previous employing
              department including information on the applicant’s reason for
              leaving.

       12.5.6 References cannot be accepted from an applicant’s close
              relative. A close relative is defined as a spouse or partner,
              grandparent, parent, aunt, uncle, sister, brother, child, niece,
              nephew, grandchild (including ‘step’ and ‘in-law’ relationship)”.

       12.6   Immigration, Asylum and Nationality Checks

       12.6.1 It is a criminal offence to employ someone who does not have
              permission to work in the United Kingdom. For this reason, all
              external candidates must be asked to provide a document/s
              demonstrating their entitlement to work. Examples of relevant
              documents include a passport or national identity card, P45,
              P60, NI card, payslip, full birth certificate. The interview letter will
              detail which document or combination of documents can be
              used. Please contact Human Resources for more information.
              (Link to: Guidance Note: Employing Migrant Workers)

       12.7   Government Checks in Childcare Employment Field

       12.7.1 Any relevant checking agencies such as the Department of
              Health Consultancy Service Index, Department of Education
              (List 99) and General Teaching Council, Scottish Social
              Services Council should be used when making appointments of
              staff working with children.

       12.8   Protecting Vulnerable Groups Scheme Checks




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       12.8.1 During 2010, the Scottish Government will be introducing a new
              scheme that will replace the current Disclosure arrangements
              and Government checks for those working with children and
              vulnerable adults. Further guidance will be issued on this once it
              becomes available.


13     SALARY PLACING

       13.1   Appointments to Single Status posts are normally made to the
              first point of the relevant grade. In consultation with Human
              Resources, managers may place a candidate on a higher point
              to reflect level of previous experience and current earnings level.

       13.2   Appointment to Teaching posts are normally made on the Main
              Grade Scale in line with part 2 of the Scottish Negotiating
              Committee for Teachers Handbook. Similarly appointments to
              promoted posts in Schools, Chartered Teacher posts,
              Educational Psychologist posts, Education Support Officer
              posts, Quality Improvement Officer/Manager posts and
              Instructor posts should be made to their relevant salary spine or
              scale in line with part 2 of the Scottish Negotiating Committee
              for Teachers Handbook.

       13.3   Appointment to Lecturer posts are normally made on the Basic
              Lecturer Scale in line with local procedures.


14     PROBATIONARY PERIODS

       14.1   A probationary period of 6 months may be applied to
              appointments as deemed necessary. Clear achievable targets
              and regular review of attainment of these should support such
              probationary periods. Offer of permanent appointment must be
              subject to suitable attainment of these targets. Where a
              probationary period is applied, this should be made clear within
              the offer letter of employment. Separate arrangements are in
              place for Probationary Teachers.


15     INTERVIEW EXPENSES

       15.1   The Council will reimburse any reasonable expenses incurred
              by an applicant during the interview process. This will normally
              include recompense of cheapest form of travel costs to the
              interview and subsistence where required. Where a relocation
              package is to apply to the post, expenses will include travel from
              within the UK. For all other vacancies, only travel within
              Shetland will be reimbursed. If air travel, overnight
              accommodation and car hire is required this should be arranged


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              and paid for by the department. This should be for the minimum
              period to attend the interview.


16     RELOCATION

       16.1   A Relocation Package exists to assist appointees who require
              relocation to Shetland from the within the UK. Posts, which
              attract relocation expenses, are those, which are advertised
              nationally. In terms of the recruitment portal it should explicitly
              state whether or not relocation assistance will be provided. (Link
              to: Relocation Policy)


17     WITHDRAWAL OF SUCCESSFUL APPLICANT

       17.1   In these circumstances a reserve candidate may be offered the
              position subject to Human Resources approval and following the
              normal vetting process. Reserve candidates may be appointed
              within 3 months of a withdrawal from the successful applicant.
              Where there is no reserve, the panel should reconsider
              alternative methods of service delivery including readvertising.


18     REDEPLOYMENT

       18.1   Human Resources reserve the right to withhold any vacancy for
              redeployment, at any stage of the recruitment and selection
              process. (Link to: Redeployment Policy)


19     SECONDMENTS

       19.1   All posts deemed as a suitable secondment opportunity should
              be advertised internally within the Council and should adhere to
              the principles of this policy. (Link to: Internal Secondment Policy)


20     ACTING UP/UNDERTAKING HIGHER DUTIES

       20.1   All Acting up and Undertaking Higher Duties opportunities
              should be advertised internally within the relevant workplace and
              should adhere to the principles of this policy. (Link to: Acting
              Up/Undertaking Higher Duties Policy)


21     APPOINTMENTS FROM TEMPORARY REGISTER




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       21.1   Appointments from the temporary register will be subject to the
              same vetting procedures as preferred candidates (see section
              above).

       21.2   Appointments from the temporary register should be for a period
              less than six months.


22     AGENCY WORKERS

       22.1   Appointment of agency workers will be subject to the same
              vetting procedures as preferred candidates (see section above).
              However they will remain as employees of the recruitment
              agency and not as employees of the Council.


23     CAREER GRADING

       23.1   Where a department is unable to appoint a suitably qualified
              person to the post it may be appropriate to apply a career grade
              to the post and re-advertise the vacancy. For more information
              refer to the Career Grading policy. (Link to: Career Grade
              Policy)


24     MARKET FORCES

       24.1   Where a department is unable to appoint a suitably qualified
              person to the post it may be appropriate to apply a Market
              Forces Supplement. (Link to: Policy on Market Forces
              Supplements)


25     INDUCTION

       25.1   All new employees will receive adequate induction to their new
              post, service and the Council. The induction process will take
              the form of pre-employment information, departmental induction
              and attendance at the Council’s corporate induction
              presentation.


26     CONFIDENTIALITY AND DATA PROTECTION

       26.1   All information on applicants must be treated in confidence and
              restricted to those members and officers involved directly in the
              recruitment process and its administration.

       26.2   All recruitment documentation held should be retained and
              destroyed in line with Record Management Procedures.


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27     FREEDOM OF INFORMATION REQUESTS

       27.1   Members and Officers involved directly in the recruitment
              process should be aware that candidates could potentially
              acquire anonymous recruitment information from the Council
              under the freedom of information legislation.

       27.2   Any requests made under this legislation should be dealt with in
              line with the Council’s current procedures. For more information
              refer to the relevant pages on the Council’s Intranet. (Link to:
              Freedom of Information Page)


28     CANVASSING

       28.1   Any persons attempting to canvass will be disqualified from the
              recruitment process and if appropriate, may be subject to the
              Council’s Disciplinary Procedures.


29     COMPLAINTS AND BREACHES OF POLICY

       29.1   All applicants may make a complaint of unfair treatment relating
              to any stage of the recruitment and selection process.

       29.2   Any breaches of the Recruitment and Selection Policy may
              result in suspension of the recruitment process and/or
              investigation by an Executive Director or nominee. Breaches of
              this policy will normally be addressed through training. However,
              in exceptional circumstances, disciplinary action may be
              necessary.

       29.3   Where a complaint raises concerns with a recruitment procedure
              or implementation of the procedure a thorough review will be
              undertaken.




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