Since the Equality Act 2010 additional care needs to be taken by those involved in recruitment so as not to fall foul of the provision of that Act. For those health service professionals required to be CQC registered there are also CQC essential standards to be complied with. So far as recruitment is concerned the relevant standard is outcome 12: "Requirements relating to workers", which reflects Regulation 21 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2010. The CQC standards are outcome focused and the required outcome is patients safety with welfare needs met. This requires appropriately qualified staff hence the need for effective recruitment and selection procedures and appropriate checks. Compliance is likely if staff are recruited who have demonstrated necessary skills, experience and evidence of relevant qualifications and training. They must be legally entitled to work in the UK; have provided proof of identity; given at least two referees; a satisfactory employment history with reasons for their last position ending and, if appropriate to the role they will be carrying out, undergone a CRB check.
A recruitment procedure designed to capture relevant information at an early stage will be very helpful. Outcome 12 also focuses on the need to check appropriate professional registration and check that there is no form of suspension or that the candidate is not on the independent safe guarding authority barred list. Additional two referees willing to give clinical references relating to two recent posts as a health care professional which lasted for three months without a significant break or suitable alternative is suggested.
For GPs, unless contractual exemptions apply, a practice should ensure it recruits GPs who are on a performers list in England and in all cases the recruitment process must be fair and equal and non discriminatory.
The NHSE publishes guidance reminding recruitments only to ask for information about candidates' physical or mental health conditions after making a conditional offer. This particular aspect arises from the provisions of the Equality Act 2010 and particular care must be taken with regard to both the timing and the phrasing of questions to ensure that they are compliant with equality legislation and the CQC standard. Regular reviews of staff and appraisals are also desirable.
Outcome 12 promotes an Equality Act 2010 compliant recruitment policy and a standard example is available together with specific procedures for staff as set out in the outcome.
The BMA publishes guidance for GPs available on its website.
Although not specifically mentioned in either the guidance or the CQC standard most health care professionals involved in the recruitment stage will find that drawing up a job specification (as opposed to a person specification) carefully considering and discarding any potentially discriminatory aspects will be of assistance.
If you would like more information or specific advice on the legal aspects of a recruitment process, contact Holly Dobson on 0114 266 6660 or email [email protected].
