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Recruitment and selection: legal compliance checklist covering job design and advertising, equality, data protection, selection methods, offers, right to work and vetting, records, and first-time employer duties

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This Practice Note draws on the information and guidance that are currently available to date, and will be revised to reflect the new ICO guidance once it has been finalised.

Responsibility for recruitment

  • If the employer lacks a dedicated personnel or HR team within the organisation:
    • who will oversee and manage the recruitment process, and who will participate at the different stages of selection?
    • are they fully familiar with the principles of sound recruitment practice, in particular concerning discrimination and other prohibited conduct under the Equality Act 2010, and with data protection under Assimilated Regulation (EU) 2016/679, UK GDPR and DPA 2018, or do they require training?
  • Ensure intended HR staff, line managers and supervisors who will be involved in the recruitment process are available, and that provisional dates, eg for shortlisting and interviews, are diarised in good time as necessary

Job description and person specification

  • How has the vacancy arisen—is it due to the current jobholder’s departure, growth of the business or department, or because the employer has identified a gap in skills or capacity?...
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Web page updated on 20/05/2026

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