There are a number of checks which must be completed as part of the recruitment process. Some checks need to be carried out at interview and some are only carried out for the preferred candidate.

Using a risk based approach, different arrangements apply to:

• Internal candidates
  • Driving posts
  • Scottish Social Services Council (SSSC) registered posts
• External candidates

The matrix below gives details on what checks are required.

The chairperson has overall responsibility for:

• making sure all checks are completed and satisfactory
• doing visual checks between the documents and dates of birth and the appearance and apparent age of the candidate
• checking the detail of the documents, for example that they allow the candidate to do the type of work on offer and that expiry dates have not passed.

The Recruitment Checklist assists in ensuring all relevant checks are completed.

All internal and external candidates are legally required to evidence that they are allowed to work in the UK.

You must carry out a manual document (in person) check for all external candidates.

You will also need to carry out an online check to establish a right to work for ALL non-UK candidates using the GOV.UK toolkit. This toolkit helps you to understand which documents are required to establish their right to work in the UK. They must provide their date of birth and a share code to the recruiting manager who will then be able carry out an online right to work check. We can no longer accept a biometric residence permit without also doing the online check. 

You must obtain original documents from either List A or List B of the Employers' right to work checklist for a manual right to work check.

You must check that the documents are genuine and that the person presenting them is the employee or prospective employee, the rightful holder and allowed to do the type of work you are offering.

The photographs must be consistent across documents and with the person's appearance:

1. The dates of birth are consistent across documents and with the person's appearance.
2. The expiry dates for time-limited permission to be in the UK are in the future (ie they have not already passed).
3. The work restrictions to confirm if the person is able to work for Falkirk Council and do the type of work you are offering (for students who have limited permission to work during term-times, you must also obtain, copy and retain details of their academic term and vacation times covering the duration of their period of study in the UK for which they will be employed).
4. All documents are genuine, have not been tampered with and belong to the holder.
5. Reasons for any different names across documents (eg marriage certificate, divorce decree, deed poll).

You must copy and retain:

• Passports
  • any page with the document expiry date
  • the holder's nationality
  • date of birth
  • signature
  • leave expiry date
  • biometric details
  • photograph
  • any page containing information indicating the holder has an entitlement to enter or remain in the UK and undertake the work in question
  • the front cover no longer has to be copied.
• All other documents
  • eVisa - Individuals need to create a UKVI account at http://www.gov.uk/evisa to access their eVisa and generate a share code   

For those with a biometric residence permit, a biometric residence card or have status issued under the EU settlement scheme, the online right to work check must be used in addition to a manual document check. If a candidate has a biometric residence card (BRC) and holds status under the EU Settlement Scheme, then they will not need to take any action other than keeping their UKVI account up to date with their latest passport and contact details. The move to an eVisa will not impact their underlying status. 

1. Use the Home Office online right to work checking service for an applicant and only employ the person, or continue to employ an existing employee, if the online check confirms they are entitled to do the work in question
2. Satisfy yourself that any photograph on the online right to work check is of the individual presenting themselves for work; and
3. Retain a clear copy of the response provided by the online right to work check which should be uploaded to MyView along with the other documents

If candidates are not from the UK further information regarding recruitment checks should be obtained from the Staffing & Recruitment at staffing.recruitment@falkirk.gov.uk.

EEA candidates who have made a successful application to the EU Settlement Scheme (EUSS) will have been granted their immigration status digitally and can only prove their right to work using the Home Office online checking service.

If an EEA citizen has been granted 'Settled Status' by the Home Office, they will have a continuous right to work, in the same way as someone with Indefinite Leave to Enter / Remain status. If an EEA citizen has been granted 'Pre-Settled Status' by the Home Office, they will have a time-limited right to work and you must carry out a follow-up check. The Home Office online service will advise when a follow-up check must be carried out.

Some cohorts of EEA citizens will not have status under the EUSS. They will evidence their right to work using specified documents if they cannot use the home office online system.

These are detailed below:

• Frontier Worker Permits
• Service Provider of Switzerland visas
• Outstanding applications to UK EUSS
• Outstanding applications to Crown Dependency EUSS
• EEA citizens with Indefinite Leave to Enter/Remain
• Points-Based System visas

If the appropriate evidence has not been provided or if there is any doubt that documents are genuine, a recommendation for or offer of employment should not be made. Advice should be sought from your HR Business Partner and Governance before progressing the application.

Where it has been agreed to allow employment through a recruitment agency, it should not be left up to the recruitment agency to undertake these checks. The criminal liability still lies with the Council as the employer to ensure that these checks have been carried out and are satisfactory. If the worker remains an agency employee, this will be the responsibility of the recruitment agency.

Staffing & Recruitment will monitor any UK Visas and Immigration restrictions for current employees and will liaise with managers to ensure the right to work in the UK.

The Council will be able to apply to sponsor skilled migrants in specific situations. If a Certificate of Sponsorship is required the recruiting manager must contact the Customer & Business Support Team Lead - Staffing & Recruitment before any offer of employment is made. This process can take a number of weeks and there is no guarantee that sponsorship will be granted.

Staffing & Recruitment have access and authorisation to process the candidate's details on the government system and will record this information on Resourcelink for monitoring and reporting purposes. Following recruitment of employees from outwith the UK, the manager has specific responsibility under the regulations to monitor and conduct annual checks to ensure continued right to remain and work in the UK. Failure to carry out these checks may result in a fine.

Staffing & Recruitment will monitor any sponsorship requirements for current employees and will liaise with managers to ensure the right to work in the UK.

Where a specific qualification, membership of a registered body or equivalent alternative is required for the job, including the requirement to drive, evidence of this must be checked by the chair of the interview panel. The original documents must be checked and a copy of the original certificates and/or licence should be taken and kept on file. For posts which require driving, references must contain the relevant driving questions. The online DVLA licence check process should be used.

For posts driving Falkirk Council vehicles, the driver check process should be used. As this only checks UK licences, for candidates with non UK licences please consult the Driving at Work Policy.

More information is available from Fleet Services.

The list of posts requiring a criminal conviction check is updated regularly and held by Human Resources and is linked to the Regulated Roles list from Disclosure Scotland.

Please refer to How to process PVG & Disclosure Checks for more information on requirements. 

The relevant ID should be checked at interview and once you have chosen your preferred candidate, the relevant application form and salary deduction form should be sent to the preferred candidate with the recommendation for employment letter.

The Criminal Convictions Checking Policy must be read in addition to this policy and complied with before any offer of employment is made in the interest of safer recruitment practice. The requirement for a Disclosure/PVG check should be made clear on the advert.

There are a number of security checks which may be required dependent on the nature of the post. This should be noted in the job profile and person profile. There is more detail on the nature of these checks in the Criminal Convictions Checking Policy.

Any gaps in employment should be noted from the application form, explored at interview and noted on the recruitment checklist. 

Social media and news reports can provide information about candidates. Managers must be cautious about using any information from social media and be able to justify any decision taken on the basis of this information.

The chairperson is required to take up two appropriate and satisfactory employment references for an external preferred candidate or an internal candidate who requires SSSC registration. The recommendation letter will advise the candidate that references will now be taken up.

One of the references must come from the current or most recent employer. For internal candidates, one reference is required from the current manager where there is a move to a driving post only.

If you require to check references before interview, you must not request information on days lost due to absence from previous employers before interview.

The purpose of seeking references is to obtain objective and factual information about a candidate's suitability for a post and should inform and support appointment decisions. References should be requested using Talentlink.

The chairperson must ensure that references are received and scrutinised, and any concerns are resolved satisfactorily, before the offer of employment is made.

The Guidance on Employment References document provides further information. This must be read in addition to this policy and complied with before any offer of employment is made in the interest of safe recruitment practice.

All external candidates invited for interview must be advised that, if successful at interview, they will be expected to complete a health questionnaire.

For internal candidates, if there are different risks in the post, then an occupational health check may be appropriate, such as moving to a post where driving or HAVS is involved.

Once the preferred candidate has been selected, a Baseline Health Questionnaire should be emailed to the candidate using the Occupational Health online system.

If the Occupational Health Adviser has any queries regarding the questionnaire, they may invite the candidate for a medical interview or a medical examination. If the candidate refuses to complete the questionnaire, or attend an Occupational Health interview or examination, this means that the conditions for appointment have not been satisfied, and the manager must seek advice from their HR Business Partner.

Further details may be required for driving posts and/or posts that may require Occupational Health Surveillance such as HAVS.

Where the outcome of any recruitment check (including references) results in the decision not to make a formal offer of employment, the HR Business Partner should be contacted for advice and guidance.