Recruitment: Part 1 - Making recruitment legal and effective

Within this series on effective and safer recruitment, I will explore the process in terms of what the organisation's senior management team needs to consider within the recruitment process.

It is essential to have in place a recruitment policy and procedure that clearly state how, as a setting, your process is transparent and is linked to keeping the children, parents and staff safe.

Providers must consider key legislation and guidance throughout the recruitment process, such as the Employment Rights Act 1996, the Equality Act 2010 and the Safeguarding Vulnerable Groups Act 2006. Equally, they must also understand the requirements of registration as set out within the Safeguarding and Welfare Requirements of the EYFS.

From the outset, it is essential within the job advert that you state your commitment to safeguarding and promoting the welfare of children. A statement such as 'The successful applicant will require an enhanced Disclosure and Barring Service (DBS) clearance' should be included within the application form as well. You could also, perhaps, consider a further overview of the DBS to include within the application pack.

REFLECT ON THE JOB ROLE

So, it is time to recruit because a member of staff is leaving and/or you are expanding. Rather than beginning the recruitment process, it is helpful to take stock and analyse carefully the job role that is required. The first thing you need to reflect on is how to demonstrate to prospective employees what your organisational values are and what they mean in practice. You must have clarity regarding your values, and current staff and existing parents should know what these values look and feel like within your setting.

It is important that application forms, job descriptions and person specifications are reviewed regularly to reflect good practice, legislation and guidance changes.

There are times when I have seen providers having only a job description in place and not a person specification. It is essential to have both of these documents in place for every role within your setting.

There are important differences between the two:

- A job description gives a clear overview of the job role and responsibilities that are needed to carry out the job. It provides detailed information relating to the setting and position.

- A person specification will set out the abilities the recruited applicant needs, as well as the benchmarks for assessing applicants.

Suja Chacko, human resources expert and partner at consultancy and managed services provider Strategic Links, says, 'Application forms, job descriptions and person specifications can all convey important messages to both potential applicants and existing employees who apply for roles within your organisation. So, conveying the right signals through the recruitment process is an important feature of your talent management strategy.'

Therefore, when devising job descriptions and person specifications, providers should consider what type of individual is needed within their setting and the skills, responsibilities, knowledge and practical expertise that are required.

Application forms need to be clear and laid out in an accessible format. The form should ask only for information that is needed for the applicant to perform the job being offered, such as education, qualifications, experience and skills.

I know providers that do expect to receive CVs and carry out an initial screening telephone call as part of their application process. It is recommended that, if this is the case, all applicants still complete an application form and supporting statement, as this will give the applicant an opportunity to state how they meet the criteria for the role, as per the person specification.

Applicants should also sign at the end of the application form, declaring that what they have stated is a truthful account.

ENSURE YOUR SETTING IS DISCRIMINATION-FREE

It is vital that employers understand the requirements of the Equality Act 2010 when it comes to health or disability issues which may relate to an applicant.

Ms Chacko says, 'The Equality Act makes it unlawful and potentially discriminatory on the ground of disability to ask applicants questions about their health or disability before making a job offer to that person.'

However, it is good practice for providers to ask candidates, if inviting them for an interview, for instance, whether they need to make reasonable adjustments for them regarding the recruitment process (without any mention of disability).

The wording of job advertisements has to be clear and discrimination-free in terms of the language and approach that is used. For example, you should never state how old the applicant should be, as this could be discriminatory to either older or younger applicants.

However, for manager's posts, the EYFS does clearly state a requirement of two years' experience. Asking for this from applicants is therefore not discriminatory.

FAVOUR DIVERSITY

When advertising a post there is no legal obligation to advertise vacant posts externally, although doing so may add diversity and newness to the setting. There is also no legal requirement to advertise internally, unless there is a reason to seek an internal candidate for a job role.

Ms Chacko states these reasons to be: 'For an employee whose role has been made redundant, a woman returning from maternity leave or for someone with disabilities, it can be particularly motivating, and enable development of talent, when vacancies are advertised internally for promotion from within.'

You should have systems in place to monitor the diversity of your applicants. This should be asked in the application process, in terms of race, gender, disability and age.

Ms Chacko points out, 'This information should be removed before the interview panel see the application form. I am mindful that there are smaller settings where this may not be possible. However, there could be a process in place whereby an administrator or a member of the setting's committee receives the completed job application forms prior to the panel interview.'

CASE STUDY: SARAH ROTUNDO-FERGUSSON

Sarah Rotundo-Fergusson is head of nurseries at The Co-operative Childcare. She says, 'Our defined roles within the nurseries and support team range from early years assistant to nursery manager, area manager, head of nurseries and group general manager.

'Our "Careers and Training Boards" in the nurseries visually illustrate the available career paths and continuous professional development opportunities.

'Our role profiles all include a job summary, key responsibilities, reporting lines, budgetary control, internal and external contacts and the required profile.

'When we review the role profiles, we ensure that there is a clear line of accountability for children's outcomes at all levels and that the required skills, behaviours, experience and qualifications are also aligned with our group objectives and values.

'For example, in addition to EYFS experience and skills, the early years practitioner profile also requires commitment to our other priorities, such as supporting parent membership and environmental awareness. When a job vacancy arises, this is always advertised internally across all of the nurseries, and externally. Geography isn't a barrier and we have supported colleagues to relocate across our nurseries (to pursue) their career path.

'Our annual review process, supported by regular interim reviews, ensures that personal development plans are in place and evaluates job satisfaction, performance levels, talent and potential.

'Personal development can take many forms, from promotion and training to shadowing, role modelling and taking on additional responsibilities. Sometimes a need for a new role is identified and we work with our colleagues' and managers' representative councils to define the role. Through this process we introduced the deputy room leader role, which presented a development opportunity for our existing early years practitioners.'

Ms Rotundo-Fergusson adds, 'When we created the role of the quality development leader - a regional quality lead - we trialled the position, and colleagues had the opportunity to explore this type of work through a temporary quality focus team project before applying. With all of these positions now filled by existing colleagues who were working in a variety of roles, from practitioners to managers, the creation of this role has shown successful succession planning in action.'

FURTHER INFORMATION

• Information about the Employment Rights Act 1996, Equality Act 2010 and Safeguarding Vulnerable Groups Act 2006 can be found on the Acas website at www.acas.org.uk
• Further information about the Safeguarding Vulnerable Groups Act 2006 can be found at www.legislation.gov.uk
• Information about the Disclosure and Barring Service can be found at www.gov.uk
• Advice is available from Strategic Links, www.strategiclinks.co.uk

Part 2, to be published on 16 June, will look at preparing for the interview process

Laura Henry is managing director of the Laura Henry Consultancy (laura@laurahenryconsultancy.com).