All Early Years Settings must have a recruitment policy and procedure; this policy is to safeguard the children’s, welfare and safety as well as adults and parents. When recruiting new staff all early years’ settings need to be aware of the current laws and legislations, such as the Employment Act 2002, the Equality Act 2010, the Working Time Regulations 1998 and the Safeguarding Vulnerable Groups Act 2006 and the Safeguarding and Welfare Requirements of the EYFS.
Employment Act 2002 set out the rights of employees in situations such as dismissal, unfair dismissal, parental leave, and redundancy, the right of an employee to request flexible working time and the Increases in hourly rates of pay for both the National Minimum Wage and National Living Wage. This has an impact on our costs and needs, we need to look at the level of qualification we need and the hours we can afford, to make sure that we are in budget and not over spending on wages. If a member of staff would like to change their hours we ask them to put it in writing and they can only request this once every 12 months. When looking at these we have to see if the change is viable and would work with our needs, as we have to legally have to meet the child adult ratio. If this is not possible we arrange a meeting and try to compromise with what has been requested and what we as a setting need. We have a good disciplinary process which we follow to avoid a member of staff begin able to claim unfair dismissal. This involves managers from the other setting becoming involved with the disciplinary, with each person taking on a role chairing the disciplinary meeting, collecting the information or making the final decision after everyone has put their information forward.
The Equality Act is important for the setting in different ways, from recruitment of new staff to equality of opportunity for children and their families. As a company we need to make sure that we do not discriminate during the recruitment and employment process and treat everyone fairly and with consistency. We have a duty to make any ‘reasonable adjustments’ for a member of staff to help them overcome any disadvantages they might have as a result of a disability.
The Working Time Legislation states that workers are not able to work over 48 hours a week on a 17-week average. It also states that someone who is under 18 cannot work more than eight hours a day and 40 hours per week. It grants a mandatory right to paid annual leave of at least four weeks, including bank and public holidays, and that people have to have a minimum of 20 minutes’ rest in any shift that lasts longer than six hours. When recruiting we have to look at the hours that the contract is for to stay within the legislation. We have to look at the shifts making sure that everyone who is entitled to a break has one while staying within the adult: child ratio. When we employed an apprentice we had to look at the legal hours they could work.
Safe recruitment is significant to the safeguarding of children and young people. When we employ staff to work with children we have a duty to safeguard the children and young people in our setting. We must make sure that background checks are carried out on all new employees, and that they have the suitable references, the correct qualifications, knowledge and experience for the role. As stated in the Early Years Foundation Stage Providers must ensure that people looking after children are suitable to fulfil the requirements of their roles. Providers must have effective systems in place to ensure that practitioners and any other person who is likely to have regular contact with children are suitable (HM Government 2018). All early years providers have to be registered and are inspected by the regulating Body OFSTED. They check the suitability of the staff.
We must do pre-employment checks before an applicant takes up a position.
Evidence of the right to work in the UK
Standard or enhanced Disclosure and Barring Service check
Proof of Identity
Evidence of relevant qualifications/accreditation
References from current their most recent employment, form tutor or work experience referee, or professional colleague.
Any job offer made to an applicant is subject to the completion of these checks. The new member of staff would then be given the role for a probation period and would receive a contract which would state the terms and conditions between us and them in writing and given to them within two months of starting. We do not discriminate against anyone and look at each the individual using our questions and scoring system which we have in place employing the best candidate.
Staff training is an essential part of providing high quality care. As a setting we need to ensure that staff is made aware of their roles and responsibilities. Their induction training include; evacuation procedures, safeguarding, child protection and the policies and procedures regarding reporting cases of suspected abuse or neglect and health and safety issues and that staff: child ratios are adhered to. During the induction staff have to fill in paperwork. One of these forms is a declaration form which staff expected to disclose any convictions, cautions, court orders, reprimands and warnings that may affect their suitability to work with children (whether received before or during their employment at the setting).
1.2 Explain circumstances when it is necessary to seek specialist expertise in relation to recruitment and selection
As a setting we must also ensure that staffs have the relevant qualifications to work with children. If a person came with a qualification which we were not sure was relevant then we would look at the list of qualifications which are relevant, which can be found on the government guidance early years qualifications finder if we were still unsure then we would seek advice from OFSTED. Another circumstance could be where that we are not sure if the person is legally allowed to work in the UK, we would ask for proof that they can work in the UK and if we were unsure then we could contact the home office Employers Checking Service to confirm if that person is allowed. When recruiting someone who has a disability we would ask the person if they needed any special equipment or adjustments that would need to be made, we could also seek specialist advice from an occupational health therapist.
1.3 Analyse how serious case reviews and inquiries have contributed to the establishment of policies and procedures within recruitment which safeguard vulnerable adults, children and young people
Serous case reviews and inquiries are carried out to establish what went wrong and why things happen. A SCR will look at what can be put in place to help prevent similar incidents from happening in the future. Following the murders of Jessica Chapman and Holly Wells by Ian Huntley (a school caretaker) in 2002, the Bichard Inquiry was commissioned. One of the issues this Inquiry looked at was the way employers recruit people to work with children and vulnerable adults. The Inquiry’s recommendations led to the Safeguarding Vulnerable Groups Act 2006. This Act was passed to help avoid harm, or risk of harm, by preventing people who are deemed unsuitable to work with children and vulnerable adults from gaining access to them through their work. When new staff start they are never left on their own with the children until their DBS has come back saying that they are fit to work with children. Providers must not allow people, whose suitability has not been checked, including through a criminal records check, to have unsupervised contact with children being cared for (HM Government 2018). Following the Vanessa George, case review in 2010 recommendations was made in that include safer recruitment procedures. It was recommended that policies and procedures where tightened and that they were clear and understandable. The whistle blowing policy was put in place to protect others who made allegations against staff to give staff confidence to be able to come forward. Personal mobile phones were not allowed to be in used in the setting unless it was in the staff room Parental permission needs to be gained to take photos of a child and used for files, social media or the website and only photos taken on nursery cameras and devices which are password protected and locked up overnight.
2.1 Review job descriptions and person specifications to meet work setting objectives.
A safe recruitment process needs to be followed when recruiting new staff to work in the setting. There are many different aspects to consider during the recruitment and selection process, before we start the recruitment process we have to look at what it is we need. We need to look at the skills and capabilities that the person must possess. To do this we look at the job description and personal specifications to make sure that they are correct and accurate for the position. The job description describes the functionality of the role, being as precise and detailed as possible. The person specification addresses the aspects of job functionality to ensure that any potential recruit will fit comfortably within the organisation and has the skills and attributes which the organisation requires. Wilton (2013, p.158). The next step is to advertise the job, we always advertise internally as well as externally. We use online job search sites and write the advert based on the job description and personal specifications. When reviewing the job description and person specifications I think that the wording is a little formal, although the details are correct; I feel if it was worded differently and included a little bit of the fun side of the job, like don’t mind being covered in mess, or wiping nosed it might make our company and settings seem enjoyable to work for and encourage more applicants.