Effective from January 2007

Effective from January 2007

Pre-employment checks

The following pre-employment checks are currently carried out:

References

Medical clearance

Proof of identity

Evidence of relevant qualifications

Evidence of the right to work in the UK

Criminal records bureau clearance

An applicant may be made an offer conditional on satisfactory completion of these checks.

Every effort should be made to complete these checks before the applicant starts work. Each section below identifies whether an applicant may start work prior to satisfactory completion of the check. Managers should seek advice from the HR Manager - Customer Services where the checks are subject to delay.

References

References are useful for checking factual information. They will normally be taken up for successful candidates only.

References that are satisfactory to the council must be received before an applicant may start work.

Candidate	Reference requirement
External applicant	2 references
Internal applicant - Regulated services including CSCI,	2 references are required to demonstrate suitability for the type of role applied for.
Internal applicant - Non regulated services	1 reference

References may be requested before the interview if the recruiting manager requests it, unless an applicant clearly states they don't wish their current employer to be contacted. Where this is done reference requests should be sent in sufficient time to receive information back before the interviews, so that no-one is disadvantaged through lack of information.

References should always include the current or most recent employer.

In the case of school leavers, it may be appropriate to ask to see their Record of Achievement.

Testimonials, affidavits and references addressed “To Whom It May Concern” may be acceptable.

It is helpful for the referee to be sent a copy of the person specification and job description and asked for structured information that relates to these documents and which relies on evidence, rather than opinion. References using a structured reference form are processed by the Recruitment Team. If there are any concerns raised in a reference you may wish to contact the referee to explore these further.

Employees will normally be able to see employment references about them, where they have been issued by other county council staff. Otherwise, references should be treated as confidential unless otherwise indicated.

Medical clearance

Employment is subject to medical clearance. This is initiated by the completion of a Health Questionnaire. Medical clearance must be obtained for:

All external applicants.
Internal applicants where the new role has a change in the nature of duties. Examples may include: change to physical exertion such as lifting and handling; additional mental exertion such as management responsibilities; change to work arrangements such as shift or night working.

This is processed by Human Resources.

Applicants whose offers are made subject to medical clearance may not start work until medical clearance has been obtained.

Proof of Identity

All short-listed applicants should be asked to provide a proof of identity that contains their name, photograph and signature. Examples of suitable documents include: passport or photo driving licence. This must be provided before a formal offer of appointment is made. A copy should be taken by the recruiting manager normally at interview stage and placed on the appointed candidate's personal file.

All internal and external applicants must provide proof of identity before they may start work.

Evidence of Qualifications

Qualifications

All short-listed applicants for posts where possession of a specified qualification is an essential element of the person specification should be asked to provide a proof of qualification, normally by provision of the original certification. This must be provided before a formal offer of appointment is made. A copy should be taken by the recruiting manager normally at interview stage and placed on the appointed candidate's personal file.

You may ask to see other qualification details providing they are part of the person specification.

Drivers Licence and Insurance

All short-listed applicants who will be required to drive on county council business as part of the job role should be asked to provide their driving licence and insurance documents.

A copy should be taken and placed on the appointed candidate's personal file.

All internal and external applicants must provide evidence of relevant qualifications before they may start work.

Evidence of the right to work in the UK

The council needs to ensure that all its potential employees actually do have the right to work in the UK. To employ someone without that right is a criminal offence. The council is liable even if we employ someone through a recruitment agency.

By applying routine checks to all applications when recruiting we can ensure compliance with:

the Asylum and Immigration Asylum Act 1996; and
the Race Relations Act.

All external applicants must provide evidence of the right to work in the UK before they may start work. A copy should be taken by the recruiting manager normally at interview stage This check is not required for internal applicants.

Do any people from abroad have an automatic right to work in the UK?

Yes. Citizens within the European Economic Area and Switzerland have the right to move freely within that region and to take employment without restriction. This includes:

Austria	Belgium	Cyprus	Czech Republic*
Denmark	Estonia*	Finland	France
Germany	Greece	Hungary*	Iceland
Ireland	Italy	Latvia*	Lithuania*
Liechtenstein	Luxembourg	Malta	Netherlands
Norway	Poland*	Portugal	Slovakia*
Slovenia*	Spain	Sweden	Switzerland

Citizens of the new members countries of the EEA indicated * above are required to register with the Home Office in order to have the right to work.

How should I check that someone can work here?

All job applicants are asked to state on the application form whether or not they need a work permit to work in the UK. If they do, you should seek advice from your nominated HR Advisor.

All applicants must be treated in a consistent manner. On appointment, you need to:

Photocopy one of the following documents including all pages which give personal details such as: the front cover; the photograph, signature pages, UK Government endorsement allowing the person to do the work offered.

A passport showing that the holder is a British citizen, or has a right of abode in the UK;
A passport or national identity card showing that the holder is a national of a European Area (EEA) country (see below) or Switzerland;
A residence permit issued by the Home Office to a national from a EEA country or Switzerland;
A passport or other document issued by the Home Office which is endorsed stating that the holder has a current right of residence in the UK as the family member of a national from the EEA or Switzerland;
A passport or other travel document endorsed to show that the holder can stay indefinitely in the UK, or has no time limit on their stay;
A passport or other travel document to show that the holder can stay in the UK; and that this endorsement allows the holder to do the type of work we are offering if they do not have a work permit; or
An application registration card issued by the Home Office to an asylum seeker stating that the holder is permitted to take employment.

Alternatively photocopy two of the following documents - one from List 1 and one from List 2 including all pages which gives personal details such as: the front cover; the photograph, signature pages, UK Government endorsement allowing the person to do the work offered.

List 1

A document giving the person's permanent National Insurance number and name. This could be a: P45, P60, National Insurance Card, or a letter from a government agency. A temporary NI number (made up of the letters TN, the employees' date of birth, and F or M to indicate gender) is not acceptable.

List 2

A full birth certificate issued in the UK, Ireland, Channel Islands or Isle of Man;
A certificate of registration or naturalisation stating that the holder is a British citizen;
A letter or an Immigration status document issued by the Home Office which indicates that the holder can stay indefinitely in the UK or has no limit on their stay; or
A letter or an Immigration status document issued by the Home Office which indicates that the holder can stay in the UK; and that this endorsement allows the holder to do the type of work we are offering

Check the documents to ensure:

any photo and the date of birth are consistent with the person's appearance;
the document has not expired;
any UK government stamps or endorsements permit the person to do the type of work offered;
where two documents are accepted that the names are consistent or any differences are backed up by further documentation such as marriage certificate, deed poll.

Advise citizens of the new member countries of the EEA (detailed above) to register with the Home Office and provide you with a copy of the Registration certificate. Contact your nominated personnel advisor if the Registration document is not provided within one month of starting work.

You should keep the copy documents and registration certificate for as long as the employee is working with us and at least 6 months after they have left.

What happens if they don't have the documentation?

If someone can't supply any appropriate documentation you should seek advice from your nominated HR Advisor. It may be that they require a work permit. If so, it would be up to us, as potential employers, to apply on the applicant's behalf.

When will a work permit be given?

The following conditions have to be met before the Department for Education & Employment will issue a work permit:

the position must be at a senior managerial level or require specialist skills and expertise; and
the overseas national must be educated to degree level and have 2 years relevant work experience gained outside the UK; and
there are no other suitable candidates within the European Economic Area or who have right of residency in the UK.

Applying for a permit is a complex process and evidence must be given of the

attempts to find suitable applicants within the European Economic Area. Applicants with a work permit must provide evidence of their right to work in the position for which they have applied. Speak to your nominated HR Advisor if you want more detail about work permits.

What about non-EEA students?

Non EEA students need permission from the local Employment Service or Jobcentre to take part-time or vacation work.
Permission will only be given for a specific job with a specific employer if no local applicant is available.
They will need form OSSI from the Jobcentre or the Training and Employment Agency.
Permission will have to be on Department of Education Employment (or Training and Employment Agency) headed paper.

What is a working holidaymaker?

A person will qualify as a working holidaymaker if they meet the following conditions:

They are a Commonwealth citizen, British Dependent Territories citizen or British Overseas citizen aged 17-30 inclusive;
They want to come to the UK for up to two years with the intention of taking paid work here as a part of a working holiday;
They are single or married to a person who also qualifies as a working holiday (if married, they must plan to take the holiday together);
They have no dependent children who will reach five before completion of the holiday;
They do not require help from public funds (must support and accommodate themselves without claiming certain state benefits);
They can pay for their onward journey;
They plan to leave the United Kingdom at the end of the holiday; and
They hold a valid United Kingdom entry clearance as a `working holidaymaker'.

Working holidaymakers are not restricted on the type of paid work that they can do. They may do any paid work for the duration of their stay, but should intend to take a holiday during their stay. Unpaid voluntary work is also allowed, providing it meets the terms of the National Minimum Wage exemption for voluntary workers.

Can asylum seekers work?

They must have permission from the Immigration and Nationality Directorate of the Home Office after the application for stay has been outstanding for at least six months.
The asylum seeker will need to produce an application registration card issued by the Home Office stating that the holder is permitted to take employment.
The person can then work until the application and possible appeal has been decided.
If application for asylum is successful the person can continue to work.

Version 1.3

Version 1.1