Leo Briggs and Alexandra Addington explain what practice owners need to know when beginning the recruitment process for new staff members.
Before new recruits walk through the doors of the practice for their first day, a lot of work has already gone in to get them to that point. Particularly as individuals are able to bring a claim of discrimination against a prospective employer even before they are an employee.
It is unlawful to discriminate against applicants on grounds of their age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
So, with this in mind, here are some top tips to help with the recruitment processes in your dental practice.
The job advert
First, make sure that the job advert is appropriately worded. In Ramos v Lady Coco Ltd trading as Shamela’s Fresh Hot and Cold Food, the advert for ‘Takeaway female staff who can speak English fluently needed…’ was found to be unlawful.
Other examples of phrases to avoid include advertising for someone who is ‘dynamic’ or ‘experienced’ because they could be discriminatory on the grounds of age. Practice owners should make sure that no discriminatory language is used, or criteria imposed.
Next, carefully consider the role that you need to fill and what knowledge, skills and experience are needed. Compose an objective, clear and specific job description and personal specification that is not written for one sex or group only.
Consider the recruitment process and whether it is accessible. There is a duty to make reasonable adjustments for individuals with a disability and this applies during the recruitment process.
In the case of Aecom Ltd v Mallon, the job application had to be completed online, however Mallon’s medical condition, dyspraxia, made this difficult. Mallon asked if they could have a telephone call instead, but this was not arranged and their claim for failure to make reasonable adjustments therefore succeeded.
To avoid making the same mistake, practice owners should carefully consider any requests for adjustments during their recruitment process and make them if they are reasonable and necessary.
Shortlisting and selection
When selecting the candidate shortlist, ensure it is made against the objective criteria. Then thoroughly prepare for the interview to make sure that the questions asked are not biased. When it comes to the final decision, it should not be based on factors other than the candidate’s ability to do the job. For example, you should not reject the best dental nurse because they are pregnant.
Keep up-to-date records on recruitment decisions in order to be able to demonstrate that the reason for the rejection of one candidate and the appointment of another was based on objective factors and free from discrimination.
Practice owners and those responsible for recruitment within the dental practice need to also be aware of the risk of unconscious bias. Practice owners should ensure that all staff involved in recruitment or selection receive effective equal opportunities training and, where possible, use more than one person to carry out shortlisting and interviewing.
Preventing illegal work
Once you have selected the successful candidate, the job offer should usually be conditional on receiving good references, proof of right to work in the UK, and when required, a check from the Disclosure and Barring Service (DBS).
Practice owners have a legal duty to prevent illegal working and can be subjected to penalties if they fail to do so. It is a criminal offence to employ someone who they have ‘reasonable cause to believe’ does not have the right to work in the UK. It can lead to the possibility of a prison sentence and a civil penalty of up to £45,000 for each illegal worker, and for repeated breaches, the fine can be up to £60,000 per illegal worker.
To gain a ‘statutory excuse’ against the civil penalty, practice owners need to make sure that right to work checks are carried out in accordance with the Home Office’s checking process.
Assumptions should not be made by the practice about a person’s right to work in the UK or immigration status on the basis of their race or nationality. A right to work check must be completed before any new recruit begins employment with the practice to ensure that they have leave to enter and work in the UK. Checks need to be completed for every recruit at the same stage of the recruitment process to also avoid allegations of racially discriminatory treatment.
While recruitment can take some navigating, a well-run process should identify the best candidate, leading to a mutually beneficial relationship.
DDU Groupcare ensures dental practices and corporate members get access to free 24-hour employment law advice line from Peninsula, a leading provider of employment law and health and safety services in the UK.
Visit www.theddu.com/join-ddu/groupcare for more information.
