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          Getting recruitment right: GDPR

          Recruitment advice
            | July 14, 2023

          Written by Shakira Joyner

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          It’s a simple fact that the job application form is the cornerstone of any recruitment process, and arguably even more crucial within the education sector.

          However, the latest trends show that other sectors are moving way ahead of education. There’s no doubting that a lengthy form can itself discourage candidates from applying.

          Our HR partners at Personology provide their top 3 tips to help you get the best out of your recruitment process…

          1. Only ask for information that is needed

          The General Data Protection Regulation (GPDR) was introduced in May 2018 to strengthen people’s rights to privacy and protect their personal data. The legislation reinforces that employers should only ask for the personal data of job applicants that they need, highlighting that it must be “necessary and relevant to the performance of the job that is being applied for”.

          We recommend that employers review their current application forms and distinguish between information they are requesting which is essential and non-essential. Whilst certain information will undoubtedly be essential, such as contact details, qualifications and employment history, certain information such as graduation dates, sickness record and hobbies are likely to be non-essential.

          While certain information can be helpful for gathering additional insights into candidates, it's important to consider the necessity of collecting non-essential data to respect the privacy of applicants and comply with GDPR regulations. Any additional information can then be obtained during a rigorous interview process.

          2. Avoid protected characteristics

          The Equality Act 2010 makes it unlawful for employees to discriminate against job applicants because of a protected characteristic, of which there are currently 8:

          1. Age
          2. Sex
          3. Race
          4. Disability
          5. Marriage and civil partnership
          6. Sexual orientation
          7. Pregnancy and maternity
          8. Religion or belief.

          An unsuccessful applicant that has been asked for any of the above could bring a claim of discrimination against you within an Employment Tribunal, alleging that such information was the reason why they didn’t get the job.

          You should also be mindful of asking questions from which a protected characteristic can be indirectly identified e.g., asking for dates of education could be used to indicate an applicant’s likely age and requesting information regarding a candidate’s previous sickness record could highlight a disability.

          Many employers provide an Equality and Diversity Monitoring Form which asks an applicant to provide information such as their ethnicity and if they have a disability, but completion of this should always be optional. Consent should also be sought from the applicant for the employer to process the information, to comply with GDPR.

          3. Review your forms and processes

          Having a transparent privacy policy for recruitment is strongly recommended. The policy should explain how you collect, process and protect the applicant’s data, as well as detail how long you intend to store such data.

          Remember that candidates also have the right to be forgotten, to rectify or access data, to restrict processing or to withdraw consent, and this information and corresponding processes should be detailed within the privacy policy.

          It is equally important to ensure that you only retain their data for as long as detailed within the privacy policy, which should be only for as long as such information is needed.

          In some circumstances, you may find that you are fortunate to have more than one suitable applicant for a role and wish to keep the unsuccessful applicant(s) details on file for future roles. If this is the case, we recommend that you inform the applicant of your intentions and obtain their consent.

          When reviewing your recruitment process and supporting documentation, particular focus should be placed on gathering essential data that is relevant to the hiring decision-making process. By carefully considering the necessity of each piece of information, organisations can streamline their application forms, respect applicants' privacy, and ensure compliance with GDPR guidelines. A well-designed and focused application form ensures efficient data collection while protecting the rights and personal information of job applicants.

          By implementing the above guidance, you should be provided with greater prospects of success for identifying and selecting the best candidate for your educational institution.

          About the author

          Shakira Joyner

          Shakira Joyner is Company Director at Personology. An accomplished Senior Human Resources Consultant, Shakira has a diverse skill set in human resources management, including undertaking confidential forensic investigations, change management, performance management and establishing strategic in- house HR functions. Well-practiced in advising on complex disciplinary and grievance matters and working with professional high level, senior managers to achieve resolution, Shakira has an extensive career in human resources management, with particular specialism in the education sector and has undertaken complex cases involving safeguarding and Employment Tribunal work.

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