NHS Employers provides guidance and advice to NHS organisations on policies and procedures designed to prevent unsuitable people obtaining employment in the NHS across England.
The mandate for employment checks in the NHS (in England) was issued by the Department of Health under Health Circular HSC2002/008 in May 2002. The NHS Employment Check Standards were first published in March 2008 replacing previously issued guidance 'Safer Recruitment - a guide for employers'. The standards were republished in July 2010 following consultation with key partners to assure their fitness for purpose and to bring them up to date with new legislation.
These standards outline the legal and mandated employment checks that NHS organisations must carry out to meet the Department of Health's core standards outlined within the Standards for Better Health.
From April 2010, all NHS providers (whether NHS organisations or private providers) need to be registered with the Care Quality Commission (CQC). NHS providers will be required to show evidence of their compliance with the NHS Employment Check Standards as part of the CQC's annual regulatory framework.
Advice for employers
Pre-appointment checking is most effective if it forms an integral part of your policies, practices and procedures for the recruitment, hiring, and where necessary, training of employees:
- It is strongly recommended that only one department be responsible for carrying out pre-appointment screening to ensure consistency, generally this falls to HR as the lead on the recruitment and selection of employees.
- A dedicated manager or senior member of staff should be appointed to lead the process to ensure that checks and protocols are adhered to and information is shared appropriately.
- The level and degree of checks carried out should be proportionate to the level of risk or opportunity to cause harm or damage, the position being applied for may represent.
- Checks should only be carried out after a provisional decision has been made on the successful applicant. Where information is requested at an earlier stage (e.g., at short-listing or interview), employers must be prepared to justify why this is required if challenged.
- All pre-appointment practices and processes need to be thorough, objective and unbiased; and must be fully compliant with all relevant employment legislation such as Data Protection, Human Rights, equality and diversity etc.
Advice for employees
Please note that NHS Employers' role is to provide advice and guidance to NHS organisations about the legal and mandated requirements for employment checks. Whilst we can give a general steer to individuals about what checks they will need to have for employment in the NHS, we cannot provide advice regarding withdrawal of any offer of appointment following the outcome of any pre-employment check, nor can we advise individuals on personal employment issues. Any queries in the first instance should be directed to the HR department of the organisation you are applying to work with or currently work with. Where appropriate, advice may be sought from your Union representative or independent advice may be sought from the Citizen's Advice Bureau.