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1. Introduction

The Police Investigations & Review Commissioner (PIRC) is a data controller in terms of the General Data Protection Regulation As a registered data controller, the PIRC has a statutory duty to comply with the provisions of the GDPR.

The purpose of this policy is to establish the principle of fair and open competition within the Police Investigations and Review Commissioner (PIRC) staff and to ensure consistency, transparency and commitment to equality and diversity in all aspects of the recruitment and selection process. The policy aims to incorporate the best from our current recruitment and selection policy and also to take account current legislation.

The recruitment and selection of suitable, high quality staff is an essential part of the strategy of the PIRC. The aim of this policy and procedure is to ensure that the PIRC recruits the most suitable person for the job. (See Appendix A – Recruitment Flow Chart).

All appointments must be consistent with the PIRC’s obligations as an employer under current legislation and in accordance with current Human Resource best practice.

2. Scope

All managers are required to follow the rules set out within this policy document when filling posts via internal appointment or external recruitment. This will allow the PIRC to achieve its strategic aim of attracting and retaining the right people for the job. If any aspect of the recruitment process is unclear, then advice should be sought from the Head of Corporate Services (HCS) before progressing. This policy covers all current employees and applicants for employment with the PIRC.

3. Policy Statement

There are a number of important principles which underpin the recruitment and selection policy:

• Merit - means the appointment of the best available person: no one should be appointed to a job unless they are competent to do it and the job must be offered to the person who it is considered is likely to do it best.
• Fair – means there is no bias in the assessment of candidates. Selection processes must be objective, impartial, non-discriminatory and applied consistently.
• Open - means that job opportunities must be advertised and potential candidates given reasonable access to information about the job and its requirements, and about the selection process.

This means:

• Prospective candidates must be given a reasonable opportunity to become aware of the vacancies and the terms of appointment and a reasonable time in which to apply;
• All eligible candidates must be considered equally on merit at the start of the recruitment process and at each subsequent stage that they reach;
• Selection procedures will contain safeguards against individual bias, including the inclusion of trained interviewers who will be on the selection panel;
• The selection process will comply with the PIRC’s equal opportunities policy and ensure that no bias, whether direct or indirect, will be allowed on the basis of gender, age, race, marital or civil partnership status, disability, religion or belief, pregnancy or maternity, gender reassignment or sexual orientation;
• All selection criteria and techniques must be reliable, valid and relevant to the level of the post concerned and must, as far as possible, reduce the potential for individual bias or discrimination;
• Through evaluation and monitoring we will ensure that consistent standards are applied to all selection processes;
• All selection decisions, including in-band and between band promotion, will be on the basis of suitability, based on evidence of knowledge, skills, experience and competencies;
• Applicants will be clear what to expect and what is expected of them.

The process of selection and recruitment outlined in this policy will be the standard recruitment process followed by the PIRC unless exceptional circumstances prevail (see below).

Any potential conflict of interest must be declared as soon as it comes to light. Examples of likely conflicts of interest would be if a person directly involved in any stage of the selection process has (or has had) a personal relationship with one of the candidates, or is related to one of the candidates, or has prior knowledge of one of the candidates either in a professional or personal capacity which could, in any way, affect the decision they make. Normally the individual should stand down from the process as they are unable to give a fair assessment of the candidate.

If the candidate is from within the PIRC it is recognised that the recruiting manager will have prior knowledge of them. If however, any member of the panel feels that this prior knowledge would affect their impartiality in the recruitment process, then they should inform the HCS who will make alternative arrangements.

Exceptions to selection via open and fair competition

Recruitment by fair and open competition and appointment on merit should always be pursued, where possible, to test the market for the best person for the job and to demonstrate that the appointment is above patronage and partiality. The primary objective of permitting certain exceptions from that rule is to provide flexibility where it is genuinely necessary to meet the needs of the PIRC, or where significant costs savings can be made (e.g. by avoiding two sets of agency fees for one introduction).

PIRC allows exceptions to the recruitment principles to be made in the following categories:

1. Short-term appointments/secondments for a period not exceeding 2 years.
2. Where there is clearly only one suitable person for the post and that person was originally recruited by open and fair competition.
3. When a recruitment exercise would be a genuine waste of time and resources.
4. Development opportunities
5. Surplus acceptable candidates from a previous recruitment exercise may be offered a post, provided the exercise was held within the previous 6 months.
6. Disabled candidates who meet the minimum criteria for the post.
7. If a post previously designated as a fixed term post becomes a permanent post due to business needs then the post holder may be offered a permanent contract providing they have been in the post for a minimum of 12 months and that there are no performance issues.

All exceptions have to be approved by the HCS and the Senior Management Team (SMT).

Any uncertainty about areas in which the exception to open and fair competition may apply, then advice should be sought from the HCS.

4. Responsibilities

At all stages of the recruitment process HR will be responsible for ensuring that recruiting managers receive the support they require in order to conduct a consistent application of this policy. All managers who are involved in recruitment exercises are required to familiarise themselves with this policy document and the procedural guidelines and must ensure that the principles are applied in every case. They are also required to have undertaken appropriate equality & diversity and recruitment & selection training.

5. Approval of Vacancies

Approval to recruit to new or vacant posts or amend a current post, will be required before the recruitment process can commence. Recruiting Managers should submit a Request to Recruit form which can be found on the Intranet. As part of this process, managers should consider whether a post can be performed flexibly, e.g. on a reduced hours basis, and how the post will be funded. The Request to Recruit form should then be signed by Accountable Officer (HCS), Finance Manager, Corporate Services Manager and submitted to HR.

If the request is to create a new post then approval will be required by the Commissioner.

6. Advertising Vacancies

Posts can be advertised internally only or internally and externally concurrently. External advertising may include placing an advert on the PIRC’s website, using external agencies or other web-based sites.

When a vacancy arises, HR discuss job descriptions and advert with recruiting managers to ensure that the essential criteria and experience necessary for the post, is a true reflection of what is required and will attract suitable applications from diverse backgrounds.

Posts should be advertised for a minimum of nine working days, spanning two weekends. Advertising may extend beyond this minimum period, or may be reduced to a minimum period of one week where there are urgent operational needs or where the advert is for a short term internal opportunity. Where a closing date has passed, internal staff can request that a late application is considered. These exceptions would be considered at the recruiting manager and HCS’s discretion.

Both the website and the intranet demonstrate the PIRC’s commitment to flexible working by displaying the “Happy to Talk Flexible Working” logo. Candidates may make a request for a flexible working pattern to be considered at any stage of the process, however there is no guarantee that the request will be granted and an offer of employment may be made that does not include the requested pattern. Internal candidates who currently work flexibly should not assume that the working pattern that they are currently on will transfer automatically to the new post.

7. Selecting Candidates for Interview

Both internal and external candidates will be required to submit an application form (or statement if the recruitment is for a temporary internal developmental opportunity). The selection process will be carried out by the recruiting manager who will be required to complete and sign a “Selection for Interview” form. The additional interview panel member may also be involved in this process. If this is the case then they will also be required to sign the “Selection for Interview” form. Applications will be considered against the requested criteria for each vacancy based on an examination of the information provided by them in their application form. Those who most closely match the requirements of the job will be invited for interview. HR will ensure that this form is completed by the recruiting manager and that only candidates who meet the essential criteria are invited to interview.

All candidates who apply under the ‘Disability Confident’ scheme and meet all of the selection criteria for the post, will be guaranteed an interview. Candidates who have a disability and are invited to sit an assessment or attend an interview will be asked if any reasonable adjustments are required.

8. The Interview

Interview panels will be made up of at least two panel members. A member of the HR team will normally sit on interview panels to provide a consistent approach to recruitment across the PIRC. The HCS will normally sit on panels for posts grade B3 or above and may sit on other panels as required. The HRO will normally sit on all other interview panels. All internal panel members must be familiar with the PIRC’s Recruitment and Selection procedures, training for recruiting managers in this process is available.

Panel members will generally be of a higher grade than that of the post being recruited into. Exceptions to this, however, will include where a Manager line manages staff of the same grade or HR panel members.

Holders of same-grade or lower-grade posts may support the recruitment process, such as administering a task.

The interview will be based around the competences for the post which can be found on the candidate information pack. Questions asked should allow the candidate to demonstrate how their qualifications, skills and experience have enabled them to develop the required competences. Additional recruitment activities, such as presentations or tasks relevant to the post, may take place as part of the selection process. Reasonable adjustments will be made if required for any candidates applying under the ‘Disability Confident scheme.

If the interview is for a temporary internal developmental opportunity then a condensed competency based interview may take place.

All panel members will be required to complete and sign an “Interview Grading and Outcome” form.

9. Offer of Employment

Once the interviews have taken place, the successful candidate will be contacted with a conditional offer of employment, which will be subject to security clearance, medical clearance and satisfactory references being received. A start date will be discussed on receipt of relevant security clearances. Internal candidates will not normally be held in their current post longer than their contractual notice period. Discussion will take place between current line manager and new line manager to agree a start date.

A candidate who fails vetting or security clearance will not be employed in any capacity with the PIRC.

10. References

Two references will be requested for the successful candidate if they are recruited externally. Where satisfactory references are not received before the suggested start date, the individual may be permitted to commence employment. Where unsatisfactory references are received, the offer of employment may be withdrawn or the employment may be terminated. References will not be taken for internal candidates, however all internal candidates must discuss their application with their line manager and have them sign the application form.

11. Right to Work in the UK

PIRC will only employ workers who are legally entitled to work in the United Kingdom. All applicants will be required to provide PIRC with appropriate documentation or an online right to work check share code, wherever possible, to prove their eligibility to work in the UK.

12. Feedback

All internal candidates are entitled to receive feedback both at application and interview stage. Feedback is only normally given to external candidates after an unsuccessful interview. The purpose of feedback is to provide information about performance and behaviour, including completion of an application form, results of a task, and participation in an interview against the person specification. Feedback for candidates will be taken from the Interview Grading and Outcome form.

13. Additional Points

Employees who are currently on a leave of absence e.g. Maternity leave or long – term sick (over 4 weeks) will be sent details of any vacancies that should arise while they are absent unless PIRC is informed to do otherwise by the employee.

The PIRC complies with Section 14(1) of the Constitutional Reform and Governance Act 2010 which requires us to retain recruitment records for 2 years from the conclusion of the process.

14. Non Compliance

Individuals who do not believe that the principles set out in this recruitment and selection policy have been correctly applied during a recruitment process, may appeal directly to the HCS who will investigate and respond in writing within 21 days. In cases where the HCS has been directly involved in the recruitment exercise, the appeal will be considered by either one of the other Heads of Department or Director of Operations.

15. Review of Policy

This Policy is a formal PIRC policy and will be reviewed by the policy owner. Any questions or comments about this policy should be addressed to the HCS.

16. Communication & Contacts

This policy will be shared with all staff within PIRC and will be published for access on our intranet. 
Queries should be addressed to: 
Head of HR & Corporate Services 
PIRC 
Hamilton House 
Hamilton Business Park 
Hamilton 
ML3 0QA 
  
Phone: 01698 542900 
Email: enquries@pirc.gov.scot

17. Benchmarks Used in Policy Formulation

• Previous PIRC Policy
• SG Resourcing Policy
• CIPD
• ACAS

Version Control Data

Title: Recruitment & Selection Policy 
Version Number: Version v5 
Publish Website/Pulse: Both 
Date of Approval: January 2023  
Summary of last modification: Update to include Right to Work in UK guidance 
Date of Modification: December 2022 
Next review date: April 2024