Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
Bringing new people into a business is one of the most consequential things an employer does. Get it right and you build a team that drives the company forward. Get it wrong and you face wasted costs, low morale, and potentially tribunal claims.
A written Recruitment Policy is the backbone that keeps hiring consistent, lawful, and aligned with how the business actually wants to grow. On this page I walk through what a Recruitment Policy typically covers, why it matters for UK employers of any size, and how it helps you meet your obligations under equality and employment legislation.
Whether you hire once a year or once a week, having a clear policy in writing makes every decision easier to justify and every process easier to repeat.
What this document is
A Recruitment Policy is an internal document that sets out how your organisation finds, assesses, and hires new staff. It is not a contract with candidates or employees. Rather, it is a set of internal rules and principles your managers follow every time a vacancy comes up.
A good policy describes the stages of recruitment from identifying a need through to making an offer, sets expectations for fairness and non-discrimination, and allocates responsibility between HR, line managers, and anyone involved in interviewing. It usually touches on how jobs are advertised, how applications are assessed, what checks are carried out, and how records are kept.
In the UK, the policy sits alongside the Equality Act 2010, data protection rules under UK GDPR, and any sector-specific requirements such as safeguarding checks in education or healthcare. A written policy gives you something concrete to point to if a candidate ever questions why a decision was made, and it helps defend the business if a complaint is ever raised.
How to use this document
Identify the vacancy and write a clear job description. Before advertising anything, confirm the role is genuinely needed and document what it involves. A proper job description sets out duties, reporting lines, and working patterns, while the person specification lists the skills, qualifications, and experience needed. These two documents shape every later decision, so getting them right saves time and reduces the risk of biased shortlisting.
Advertise the role and choose selection methods. Decide where to post the advert and how you will assess applicants. Job boards, your own website, recruitment agencies, and internal notice boards all have a place. Selection methods might include CV review, application forms, tests, or structured interviews. The methods chosen must be relevant to the role and applied consistently to every candidate to avoid unfair treatment.
Shortlist candidates against the person specification. Once applications arrive, score them against the criteria you set earlier rather than on gut feel. Keep notes showing how each candidate was assessed. Good shortlisting records protect the business if a rejected applicant later argues the process was unfair, and they make interview preparation much easier.
Interview fairly and keep consistent records. Use a structured interview format with the same core questions for every candidate, and have more than one person on the panel where possible. Avoid questions about protected characteristics such as age, marital status, health, or plans to have children. Write up interview notes promptly and store them securely in line with data protection rules.
Carry out checks and make the offer. Before confirming any appointment, complete reference checks, right to work verification, and any role-specific checks such as DBS screening where relevant. Once everything is cleared, issue a written offer setting out pay, start date, and any conditions. The successful candidate should then receive a written statement of employment particulars on or before their first day, as required by law.
Q Is a Recruitment Policy a legal requirement in the UK?
There is no standalone law that says every employer must have a written Recruitment Policy. However, the Equality Act 2010, data protection rules, and right to work legislation all impose duties on employers during hiring. A written policy is the simplest way to show you are meeting those duties consistently, and it is considered good practice for businesses of any size.
Q What should a Recruitment Policy include?
At a minimum it should cover how vacancies are identified, how roles are advertised, how applications are assessed, the interview process, pre-employment checks, and record keeping. Many policies also set out the company's commitment to equal opportunities, how reasonable adjustments are handled for disabled applicants, and who is responsible for each stage of the process.
Q How does a Recruitment Policy help avoid discrimination claims?
A clear policy makes sure every candidate is assessed on the same criteria using the same methods. If a rejected applicant later claims they were treated unfairly because of a protected characteristic, a documented, consistently applied process is one of the strongest defences an employer can have. It shows decisions were based on job-relevant factors, not assumptions.
Q Do I need to check a candidate's right to work in the UK?
Yes. Every employer must verify that anyone they hire has the right to work in the UK before employment starts. This applies to British citizens as well as overseas nationals. Failing to carry out proper checks can lead to civil penalties and, in serious cases, criminal liability. The Home Office publishes current guidance on acceptable documents and online checks.
Q Can I ask candidates about their health at interview?
Generally no. The Equality Act 2010 restricts pre-employment health questions before a job offer is made, with limited exceptions such as checking whether reasonable adjustments are needed for the interview itself or where a genuine occupational requirement applies. Health questions are normally more appropriate after a conditional offer has been issued.
Q How long should I keep recruitment records?
Records of unsuccessful applicants are usually kept for around six to twelve months, which covers the typical window for a discrimination claim. Records for successful candidates generally become part of their employment file. Retention periods should be set in line with UK GDPR principles and clearly explained to candidates in a privacy notice at application stage.
Q Does a small business really need a written policy?
Yes, even a short policy is worth having. Small businesses face the same legal obligations around equality, data protection, and right to work as larger employers. A simple written document helps the owner, managers, and anyone involved in hiring follow the same approach every time, which reduces risk and makes the process much easier to run.
Recruitment decisions touch equality law, data protection, and right to work rules all at once, and it is easy to overlook something important. An experienced legal adviser can help you think through the key areas based on what you describe on the call.
✓Plain-English answers to your specific questions about recruitment
✓Practical perspective on what to include in your policy based on what you describe
✓What to watch out for around equality and data protection in your circumstances
✓Clarity on your next steps before you start hiring
Personal call · For information only · Independent advisers
Written & reviewed by
Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.