Skip to content

Five Common Mistakes to Avoid When Recruiting in the UK

Table of Contents

When you recruit new employees, there are many common mistakes to avoid. The recruitment process can be lengthy. However, getting the hiring process right is crucial to obtaining the best candidates for the job. Additionally, it is important to avoid common mistakes when recruiting staff to ensure your business abides by employment law. This article will explain five common mistakes to avoid when recruiting new employees.

Failing to Abide by Anti-Discrimination Law

When you recruit new employees into your business, you must not forget your employment duties under anti-discrimination law. Put simply, it is illegal to discriminate during the recruitment process where it relates to the candidate’s: 

  • race;
  • religion;
  • sex;
  • sexual orientation;
  • disability;
  • pregnancy or maternity;
  • marital status;
  • age; and
  • gender reassignment.

You may find you discriminate without intending to. For example, advertising for a ‘mature’ candidate could constitute age discrimination. Moreover, if a candidate has a disability, you are legally required to make reasonable adjustments to the job position should they be successful.

To help avoid a potential discrimination claim, it is worth providing written feedback to candidates regarding why they were the wrong person for the position.

Untargeted Job Descriptions

One of the first stages of the recruitment process for employers is advertising the vacancy. This includes writing the job description accurately and advertising in the right places. To get the best candidate for the job, employers should use mediums to ensure they reach the broadest range of applicants instead of limiting their search.

In saying that, poor job descriptions are among the most common mistakes during the recruitment process. When writing the job descriptions, you should not simply use old descriptions as roles frequently change. For example, the job description may have changed if your business underwent an internal restructuring. Hence, your job description might include:

  • responsibilities;
  • qualifications;
  • salary details; and 
  • working hours.

When writing your job description, remember that there are legal requirements to bear in mind. For example, you cannot require employees to work over 48 hours per week unless they sign an opt-out agreement. Also, when stating the salary, you must ensure that it meets the legal minimum in terms of the National Minimum Wage.

Continue reading this article below the form
Need legal advice?
Call 0808 196 8584 for urgent assistance.
Otherwise, complete this form and we will contact you within one business day.

Failing to Have a Clear Timeframe

As an employer, you have many things to consider when recruiting. Hence, you should avoid the mistake of not setting a clear timeframe. Otherwise, the recruitment process could drag on, and you could take longer than necessary to find your ideal candidate.

Therefore, you should think of a time frame for:

  • posting the job advertisement;
  • sifting through applications;
  • interviewing; and
  • the final selection process.

When creating a timeframe for the interview process, you should ensure it is a manageable length. Additionally, you should ensure the interview process follows soon after you select candidates based on their applications. Otherwise, your candidates may become frustrated and seek alternative interviews with other businesses.

Failing to Check References

Once you have selected the best candidate for your job role, you should ensure you conduct reference checks. References will help to verify if the person you have interviewed is, in fact, the best candidate. They will also help you distinguish who is unsuitable for your business. 

Remember, you will be handling personal data when checking references and throughout the recruitment process. Be sure to adhere to your legal requirements regarding data processing and keeping data confidential.

Poor Onboarding Technique

After you have passed the initial recruitment process of searching for the ideal candidate, you should try to avoid poor onboarding techniques. After all, you want your new employees to feel committed to your business and understand what you stand for and aspire to. 

If you have a poor onboarding technique, your staff could lose morale and decrease productivity. Hence, as part of the onboarding process, you may consider familiarising your recruits with your policies and procedures. You must also ensure that your employees know your policies and procedures and that these are easily accessible. 

When your employees start work with you, you are legally required to provide them with a written statement of particulars.

Key Takeaways

If you make mistakes during the employee recruitment process, you may end up hiring the wrong candidate or falling short of the law. Some common mistakes employers can make when recruiting include:

  • failing to abide by anti-discrimination law, which protects applicants from the beginning of the recruitment process;
  • repeating old job descriptions which are no longer in date; and
  • failing to conduct reference checks. 

If you need help understanding common mistakes when recruiting in England and Wales, our experienced employment lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. So call us today on 0808 196 8584 or visit our membership page.

Frequently Asked Questions

What are some common mistakes employers should avoid when recruiting?

When recruiting new employees, you should ensure you have a clear job description and a clear timeframe for the recruitment process.

What are some of the legal points to consider when recruiting?

When recruiting new employees, you should ensure you do not discriminate against candidates and abide by your legal obligations regarding confidentiality and handling personal data.

Register for our free webinars

Selling a Business: Tips for a Successful Sale

Online
Selling your business? Learn essential tips to reduce risk and achieve a successful sale. Register for our free webinar today.
Register Now

How to Recover Unpaid Debts from Customers and Suppliers

Online
Struggling with unpaid debts? Discover your options. Register for our free webinar today.
Register Now

Preventing Employee Competitors: How to Protect Your Business

Online
Learn how to protect your business from employee competitors. Register for our free webinar today.
Register Now

Protecting and Enforcing Your Brand

Online
Protect your brand from misuse and infringement. Register for our free webinar.
Register Now
See more webinars >
Clare Farmer

Clare Farmer

Read all articles by Clare

About LegalVision

LegalVision is an innovative commercial law firm that provides businesses with affordable, unlimited and ongoing legal assistance through our membership. We operate in Australia, the United Kingdom and New Zealand.

Learn more

We’re an award-winning law firm

  • Award

    2024 Law Company of the Year Finalist - The Lawyer Awards

  • Award

    2024 Law Firm of the Year Finalist - Modern Law Private Client Awards

  • Award

    2023 Economic Innovator of the Year Finalist - The Spectator

  • Award

    2023 Law Company of the Year Finalist - The Lawyer Awards

  • Award

    2023 Future of Legal Services Innovation - Legal Innovation Awards