Recruitment (part 2): next steps?

Once an offer has been made following a successful recruitment process, the candidate will need to be provided with key information and a number of documents – both before and at the start of employment.

Key information is usually found in the job offer letter and may include:

• the job title
• if the offer is conditional and what these conditions are (satisfactory references, DBS check, right to work in the UK evidence)
  
• basic terms such as the pay, working hours and location
  
• the start date
  
• if there is a probationary period and how long this would be for
  
• how to accept or decline the offer
  
• who to contact if there are any queries about the role or the offer made.
  

For employment offers granted on a conditional basis to proceed, all conditions must be met before employment begins. Dealing with outstanding references or DBS certificates can be more difficult once employment begins, thus it’s preferable to ensure conditions such as these are met prior to the commencement of employment.

Failure to meet any outlined conditions before employment means the employer has the right withdraw the offer; however, once employment has begun, an offer cannot be withdrawn. Once the employment contract commences, removal of an employee would require a dismissal – a trickier process.

If all conditions are satisfied and the offer accepted, arrangements can then be made for a start date.

All employees have to be provided with a principal statement no later than the first day of employment.

This statement must include:

• names of the employer and employee
• job title or description of the work to be performed
  
• employment start date and, if they’ve had a previous role within the same organisation, the start of continuous employment
  
• how much and how often the employee will be paid
  
• hours of work and, if variable, how these will be organised
  
• holiday entitlement
  
• work location and, if the employee will be required to work in other locations, where these would be or the expected distance
  
• whether the role is permanent or how long the work is expected to last
  
• if there’s a probationary period, how long this will last and any conditions of this
  
• any other benefits that may be provided (such as discounted fees for children attending a setting)
  
• any required training and if this will be paid for by the employer
  
• whether the employee will be required to work outside of the UK for more than a month and, if so, more information about this.
  

Also on the first day, the employee needs to be provided with information regarding sick pay and procedures, notice periods, and any other paid leave (such as family-friendly maternity/paternity leave). While these don’t need to be included in the formal principal statement of employment, it’s usually easier to provide all of this information together in one document.

Within two months of the employment commencing, the employee will need to be provided with information related to a pension scheme, if any collective agreements are in place, details of any non-compulsory training that may be provided by the employer, and disciplinary and grievance procedures.

Legally, although this information all has to be provided within the time frames outlined above, it may be beneficial to provide sooner.

Candidates who have received an offer may request this information in advance to enable them to make the decision on whether to accept the role. It may then be helpful to provide a contract of employment containing all of this information before the start date to ensure that all terms are agreed in good time, particularly if this information is largely the same as other employment contracts already provided to staff.

As an Alliance member, you have access to Law-Call's 24-hour legal advice telephone service, which can help you navigate through the process. Contact details can be found in the Alliance member benefit overview section of EYA Central: bit.ly/U5Law-Call.