2.1 Explain the legislation, policy and practices underpinning safe and fair recruitment

This guide will help you answer 2.1 Explain the legislation, policy and practices underpinning safe and fair recruitment.

Safe and fair recruitment in adult care is tightly controlled by law. This keeps people who use services protected and gives everyone an equal opportunity. These legal requirements are not optional; managers must follow them at each stage of the hiring process.

The main laws involved include:

• Equality Act 2010
• Data Protection Act 2018 / UK General Data Protection Regulation (GDPR)
• Care Act 2014
• Rehabilitation of Offenders Act 1974
• Safeguarding Vulnerable Groups Act 2006
• Employment Rights Act 1996
• Health and Social Care Act 2008 (Regulated Activities) Regulations 2014

Let’s break down what each law requires from you as a manager.

Equality Act 2010

This law makes it illegal to discriminate against someone during recruitment. Discrimination means treating someone unfairly because of a personal ‘protected characteristic’. These characteristics are:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race
• Religion or belief
• Sex
• Sexual orientation

Job adverts, application forms, interviews and shortlisting tools must avoid bias or favouritism. For example, adverts can’t specify that only people of a certain age, gender or background should apply.

Adjustments should be made for candidates with disabilities. This might mean extra time for an interview or access to a hearing loop. The aim is to remove barriers that could stop someone with a disability from having the same chance as anyone else.

You should not ask about a candidate’s health or disability before offering them a role, unless there is a specific reason. For example, to check if someone can safely perform a key function, or to meet legal requirements about employing disabled people.

Data Protection Act 2018 / UK GDPR

Personal data means any information that can identify someone, such as names, contact details or references.

As a hiring manager, you must:

• Use information only for the purpose of recruitment
• Store information securely
• Only share data with those who need it for recruitment
• Be clear about how you will use candidates’ information
• Delete information about unsuccessful applicants after a set time

If you breach this law, you risk fines for your organisation and lose trust from candidates. Details of the organisation’s privacy notice should be shared at the start of recruitment.

Care Act 2014

The Care Act sets out duties for adult care services. Part of this means making sure people working in these services are safe, suitable, and have skills and values suitable for care. The law makes it clear: only people who pose no risk should be given a role.

Local authorities and providers must check new staff fully before they start work. This includes taking references, checking past employment and confirming qualifications.

Rehabilitation of Offenders Act 1974

People with certain types of old or minor convictions may not have to reveal them to employers. However, work in care usually requires a Disclosure and Barring Service (DBS) check, so some old offences may still need to be declared.

You must check if a role is ‘exempt’ from some parts of this Act. Many care jobs are exempt – this means all convictions, warnings and cautions must be shared, unless they are ‘protected’ by other rules.

Being fair means considering each disclosure individually. Only bar someone if their history makes them a risk in the specific care setting.

Safeguarding Vulnerable Groups Act 2006

This Act led to the creation of the DBS. The DBS checks people’s history for criminal convictions and whether they’re barred from working with adults or children.

You must:

• Request the correct level of DBS check for every job
• Check whether staff are on a barred list
• Not employ anyone barred from working with adults in any regulated activity

Ignoring these points is a criminal offence.

Employment Rights Act 1996

This Act gives applicants the right to be treated fairly at every stage. That includes not being unfairly dismissed or mistreated because of their background or disclosing a criminal record.

Any unsuccessful candidates have the right to request feedback. Interview notes and scoring sheets should reflect a fair process to prove that decisions were made fairly if challenged.

Health and Social Care Act 2008 (Regulated Activities) Regulations 2014

Regulation 19 makes clear that care providers must only employ ‘fit and proper’ people. This involves:

• Checks on skills and experience
• Checks on health
• Identity and right-to-work checks
• Satisfactory DBS checks
• Taking up detailed references

Staff who fail these checks should not be allowed to work with adults who use services.

Policy Requirements for Safe and Fair Recruitment

Organisational policies translate laws into everyday actions. Policies set out the process that all hiring managers follow. This leads to a safer team, and confidence amongst people who use services and their families.

Common policy points include:

• Advertising clearly and widely
• Job descriptions that set out the role in plain English
• Person specifications that set out exactly what skills and values are needed
• Application forms instead of relying only on CVs
• Structured interviews with set questions
• Interview panels of at least two
• Tests of values and skills relevant to care
• Checking references before offering the job
• Thorough DBS (or equivalent) checks
• Clear and secure storage of recruitment paperwork
• Keeping records of decisions and files for the right length of time
• Ensuring conflicts of interest are declared by the panel

Managers should follow the same steps every time. This gives a fair chance to every applicant and reduces bias.

Policies should be regularly reviewed to reflect updates to laws or best practice. Staff involved in recruitment must be trained in these policies, so everyone understands their responsibilities.

Practices in Safe and Fair Recruitment

Daily recruitment practice must blend compliance with law and policy. At each stage, a manager should consider both safety and fairness.

Writing and Placing Job Adverts

Job adverts must not discourage people with protected characteristics from applying. This means:

• Using images, language and examples that reflect diversity
• Not mentioning age limits, unless required by law
• Encouraging applicants from all backgrounds
• Sharing the advert in multiple places – online, in print or with local organisations

Application Stage

Use an application form tailored for the role. This allows direct comparison of candidates and removes some bias that comes from CVs.

Do not ask about health or criminal convictions up front unless the job requires it. Give clear information on how and when you will collect and use this information.

Let candidates know they can ask for adjustments in the recruitment process. This can cover additional time, written questions, large print or a sign language interpreter.

Shortlisting

Create a shortlist based on person specifications. Each candidate should be scored against the same criteria.

Keep a record of your reasons for rejecting or accepting candidates. This protects your decisions if anyone challenges them later.

Interviews

Interviews need to be structured and consistent. Use set questions, asked in the same way to each candidate. Mark answers against a scoring sheet.

Avoid questions about home life, plans to have children, or any protected characteristic. Focus on skills, knowledge, experience and attitude.

If practical tests or tasks are used, give each candidate the same test and environment.

Reference and Background Checks

Always take up references from previous employers, not just character references. References should ask specifically about:

• The candidate’s conduct
• Reliability and attendance
• Suitability for working with adults at risk

Carry out DBS checks as early as possible, but always before the worker starts unsupervised work. Consider the outcome of the DBS alongside the reference and your own risk assessment.

Right-to-Work Checks

Work in the UK is controlled by law. Always ask for original documents showing a candidate has the right to work in the UK. Take and store copies. This prevents illegal work and protects both the manager and the organisation.

Decision Making

Always base decisions on:

• Evidence from the recruitment process
• Skills and values
• Suitability for working in care
• References and DBS outcome

Do not be influenced by stereotypes or assumptions. Record final decisions, who made them, and the main reasons. This keeps the process open and fair.

Record Keeping

All information, including interview notes and copies of documents, must be kept securely. Only those involved in recruitment should see them.

Keep records for the required amount of time, then destroy securely.

Share feedback with unsuccessful candidates if asked. Feedback should be focused on the requirements of the role, not personal details.

Reducing Risk of Harm

The heart of safe recruitment is stopping those who may pose a risk from gaining access to people who use services.

Key actions to reduce risk include:

• Deciding what level of DBS check is needed for the role
• Not starting anyone until checks are complete
• Using probation periods linked to further supervision and training
• Reporting staff who are unsuitable or leave under suspicion to the Disclosure and Barring Service

Safe recruitment is not just about checking paperwork. It is about looking for warning signs in interview answers, references or gaps in history. Always follow up any concerns. This creates a safer workplace for all.

Promoting Fairness

Fairness means everyone has an equal chance to get the job. This creates a diverse and skilled workforce.

Key actions for fairness:

• Use clear, objective criteria at every stage
• Avoid questions or tests that unfairly disadvantage some groups
• Make adjustments for disabilities or special needs
• Give feedback to unsuccessful candidates if requested
• Regularly analyse recruitment outcomes for bias or patterns

If applicants or staff see fair treatment, they are more likely to stay and contribute positively.

Training in Safe and Fair Recruitment

Managers need up-to-date training on safe recruitment and equality law. This means knowing:

• How to write unbiased adverts
• What questions are allowed
• How to spot false documents
• How to conduct risk assessments linked to disclosures
• How to store data safely

Regular refresher training helps managers keep the confidence to apply correct processes.

Legal and Regulatory Checks by External Bodies

Care Quality Commission (CQC) inspects how care providers recruit staff. Inspectors check records for:

• Consistent process
• Evidence of all legal checks
• Staff suitability for their roles
• Policy and training in equality and recruitment

Poor recruitment is a key failure in inspections and leads to enforcement.

Final Thoughts

Safe and fair recruitment is a legal and ethical obligation in adult care. Legislation sets out clear, strict rules. Organisational policy gives step-by-step guidance. Managers put these into practice daily, balancing safety and fairness.

By following laws, sticking to policy and reflecting on practice, managers create safe teams and fair opportunities for everyone. This protects people who use services, improves team quality, and builds trust in the organisation. A strong recruitment culture means better lives for those who depend on adult social care.