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Five Common Mistakes to Avoid When Recruiting in the UK

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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.

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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.

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Clare Farmer

Clare Farmer

Clare has a postgraduate diploma in law and writes on a range of subjects and in a variety of genres. Clare has worked for the UK central government in policy and communication roles. She has also run her own businesses where she founded a magazine and was editor-in-chief. She is currently studying part-time towards a PhD predominantly in international public law.

Qualifications: PhD, Human Rights Law (underway), University of Bedfordshire, Post graduate diploma, Law, Middlesex University.

Read all articles by Clare

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