1. Table of contents

There are a number of checks which must be completed as part of the recruitment process. Some checks need to be carried out at interview and some are only carried out for the preferred candidate.

Using a risk based approach, different arrangements apply to:

  • Internal candidates
    • Driving posts
    • Scottish Social Services Council (SSSC) registered posts
  • External candidates

The matrix below gives details on what checks are required.

Type of check When to check All external candidates All SSSC registered internal candidates All internal candidates with driving as a part of new role All internal candidates (not SSSC or driving posts)
Eligibility to work in the UK In person at interview or post interview and pre start date for video interviews Yes No No No
Qualifications/ registration At interview Yes if needed for post Yes Only if a different qualification is required for the new post Only if a different qualification is required for the new post
Drivers Licence At interview Yes if needed for post, including driving pool car Only if this is a new requirement and relevant to post including driving pool car Yes No
Criminal Records Check (PVG & Disclosure) Interview and form completed after interview Yes if needed for post Only if:
  • there is a change in PVG level (regulated workforce) they have no PVG membership/ relevant disclosure and this is required for the new post
Only if:
  • there is a change in PVG level (regulated workforce)
  • where they have no PVG membership and this is required for the new post
    there is a change in the level of disclosure required for the new post
Only if:
  • there is a change in PVG level (regulated workforce)
  • where they have no PVG membership and this is required for the new post
  • there is a change in the level of disclosure required for the new post
References After interview Yes - 2 required Yes - 2 required Yes - 1 required No
Pre-employment Health Questionnaire After interview Yes Yes Yes Only if there is a significant change to the role such as move to a manual role or baseline HAVS check is required before commencing new role

The chairperson has overall responsibility for:

  • making sure all checks are completed and satisfactory
  • doing visual checks between the documents and dates of birth and the appearance and apparent age of the candidate
  • checking the detail of the documents, for example that they allow the candidate to do the type of work on offer and that expiry dates have not passed.

The Recruitment Checklist assists in ensuring all relevant checks are completed.

Recruitment Checklist - External Candidates & All SSSC posts
Recruitment Checklist - Internal Candidates exc SSSC posts

Eligibility to work in the UK (check at interview)

All internal and external candidates are legally required to evidence that they are allowed to work in the UK.

You must carry out a manual document (in person) check for all external candidates and also an online check to establish a right to work for ALL non-UK candidates using the GOV.UK toolkit. They must provide their date of birth and a share code to the recruiting manager who will then be able carry out an online right to work check. We can no longer accept a biometric residence permit without also doing the online check.

Manual document check

You must obtain original documents from either List A or List B (see below) for a manual right to work check.

  1. Obtain original versions of one or more of the acceptable documents
  2. Check the documents in the presence of the holder of the documents

You must check that the documents are genuine and that the person presenting them is the employee or prospective employee, the rightful holder and allowed to do the type of work you are offering.

The photographs must be consistent across documents and with the person's appearance:

  1. The dates of birth are consistent across documents and with the person's appearance.
  2. The expiry dates for time-limited permission to be in the UK are in the future (ie they have not already passed).
  3. The work restrictions to confirm if the person is able to work for Falkirk Council and do the type of work you are offering (for students who have limited permission to work during term-times, you must also obtain, copy and retain details of their academic term and vacation times covering the duration of their period of study in the UK for which they will be employed).
  4. All documents are genuine, have not been tampered with and belong to the holder.
  5. Reasons for any different names across documents (eg marriage certificate, divorce decree, deed poll).
  6. Make copies of the documents in a format which cannot later be altered; retain the copies marking the copy 'right to work check undertaken on [Date]'.

You must copy and retain:

  • Passports
    • any page with the document expiry date
    • the holder's nationality
    • date of birth
    • signature
    • leave expiry date
    • biometric details
    • photograph
    • any page containing information indicating the holder has an entitlement to enter or remain in the UK and undertake the work in question
    • the front cover no longer has to be copied.
  • All other documents
    • the document in full, including both sides of a Biometric Residence Permit.

Home Office online right to work checking service

For those with a biometric residence permit, a biometric residence card or have status issued under the EU settlement scheme, the online right to work check must be used in addition to a manual document check.

  1. Use the Home Office online right to work checking service for an applicant and only employ the person, or continue to employ an existing employee, if the online check confirms they are entitled to do the work in question
  2. Satisfy yourself that any photograph on the online right to work check is of the individual presenting themselves for work; and
  3. Retain a clear copy of the response provided by the online right to work check which should be uploaded to MyView along with the other documents

Candidates not from the UK

If candidates are not from the UK further information regarding recruitment checks should be obtained from the Staffing & Recruitment at staffing.recruitment@falkirk.gov.uk.

EEA candidates who have made a successful application to the EU Settlement Scheme (EUSS) will have been granted their immigration status digitally and can only prove their right to work using the Home Office online service.

If an EEA citizen has been granted 'Settled Status' by the Home Office, they will have a continuous right to work, in the same way as someone with Indefinite Leave to Enter / Remain status. If an EEA citizen has been granted 'Pre-Settled Status' by the Home Office, they will have a time-limited right to work and you must carry out a follow-up check. The Home Office online service will advise when a follow-up check must be carried out.

Some cohorts of EEA citizens will not have status under the EUSS. They will evidence their right to work using specified documents if they cannot use the home office online system.

These are detailed below:

  • Frontier Worker Permits
  • Service Provider of Switzerland visas
  • Outstanding applications to UK EUSS
  • Outstanding applications to Crown Dependency EUSS
  • EEA citizens with Indefinite Leave to Enter/Remain
  • Points-Based System visas

If the appropriate evidence has not been provided or if there is any doubt that documents are genuine, a recommendation for or offer of employment should not be made. Advice should be sought from your HR Business Partner and Governance before progressing the application.

Where it has been agreed to allow employment through a recruitment agency, it should not be left up to the recruitment agency to undertake these checks. The criminal liability still lies with the Council as the employer to ensure that these checks have been carried out and are satisfactory. If the worker remains an agency employee, this will be the responsibility of the recruitment agency.

Staffing & Recruitment will monitor any UK Visas and Immigration restrictions for current employees and will liaise with managers to ensure the right to work in the UK.


Certificate of Sponsorship

Check before interview if this will be required (should be noted on the application form)

The Council will be able to apply to sponsor skilled migrants in specific situations. If a Certificate of Sponsorship is required the recruiting manager must contact the Business Support Lead - Staffing & Recruitment if possible before interview and in all circumstances before any offer of employment is made. This process can take a number of weeks and there is no guarantee that sponsorship will be granted.

Staffing & Recruitment have access and authorisation to process the candidate's details on the government system and will record this information on Resourcelink for monitoring and reporting purposes. Following recruitment of employees from outwith the UK, the manager has specific responsibility under the regulations to monitor and conduct annual checks to ensure continued right to remain and work in the UK. Failure to carry out these checks may result in a fine.

Staffing & Recruitment will monitor any sponsorship requirements for current employees and will liaise with managers to ensure the right to work in the UK.


Qualifications and Driver's Licence checks (check at interview)

Where a specific qualification, membership of a registered body or equivalent alternative is required for the job, including the requirement to drive, evidence of this must be checked by the chair of the interview panel. The original documents must be checked and a copy of the original certificates and/or licence should be taken and kept on file. For posts which require driving, references must contain the relevant driving questions. The online DVLA licence check process should be used.

For posts driving Falkirk Council vehicles, the drivercheck process should be used. As this only checks UK licences, for candidates with non UK licences please consult the Driving at Work Policy.

More information is available from Fleet Services.


Criminal Record checks

Check ID at interview and form completed after interview

The list of posts requiring a criminal conviction check is updated regularly and held by Human Resources.

Internal candidates only need this if there is a change in Protection of Vulnerable Groups (PVG) level (regulated workforce) or where they have no PVG membership or disclosure and this is required for the new post.

All required checks will be carried out through Disclosure Scotland. Disclosure Scotland process checks and share information about people's criminal records. This helps to make recruitment decisions for posts involving work with children and protected adults (regulated work).

The relevant ID should be checked at interview and once you have chosen your preferred candidate, the relevant application form and salary deduction form should be sent to the preferred candidate with the recommendation for employment letter.

Disclosure PVG Mandate

It is a criminal offence for people who have been disqualified from regulated work to apply for a position working with these groups and for the Council to employ an individual who has been disqualified in that type of regulated work.

The Criminal Convictions Checking Policy must be read in addition to this policy and complied with before any offer of employment is made in the interest of safer recruitment practice. The requirement for a Disclosure/PVG check should be made clear on the advert.

Further information relating to Disclosure checks and PVG Membership can be found in the Criminal Convictions Checking Policy.


Personnel Security checks (check after interview (BPSS/ViSOR))

There are a number of security checks which may be required dependent on the nature of the post. This should be noted in the job profile and person profile. There is more detail on the nature of these checks in the Criminal Convictions Checking Policy.


Social Media checks

Social media and news reports can provide information about candidates. Managers must be cautious about using any information from social media and be able to justify any decision taken on the basis of this information.


References (check after interview)

The chairperson is required to take up two appropriate and satisfactory employment references for an external preferred candidate or an internal candidate who requires SSSC registration. The recommendation letter will advise the candidate that references will now be taken up.

One of the references must come from the current or most recent employer. For internal candidates, one reference is required from the current manager where there is a move to a driving post only.

If you need to check references before interview, you must not request information on days lost due to absence from previous employers before interview.

The purpose of seeking references is to obtain objective and factual information about a candidate's suitability for a post and should inform and support appointment decisions. References should be requested using Talentlink.

The chairperson must ensure that references are received and scrutinised, and any concerns are resolved satisfactorily, before the offer of employment is made.

The Guidance on Employment References document provides further information. This must be read in addition to this policy and complied with before any offer of employment is made in the interest of safe recruitment practice.


Baseline Health Questionnaire (check after interview)

All external candidates invited for interview must be advised that, if successful at interview, they will be expected to complete a health questionnaire.

For internal candidates, if there are different risks in the post, then an occupational health check may be appropriate, such as moving to a post where driving or HAVS is involved.

Once the preferred candidate has been selected, a Baseline Health Questionnaire should be emailed to the candidate using the Occupational Health online system.

If the Occupational Health Adviser has any queries regarding the questionnaire, they may invite the candidate for a medical interview or a medical examination. If the candidate refuses to complete the questionnaire, or attend an Occupational Health interview or examination, this means that the conditions for appointment have not been satisfied, and the Manager must seek advice from their HR Business Partner.

Further details may be required for driving posts and/or posts that may require Occupational Health Surveillance such as HAVS.


Unsuccessful outcome of checks

Where the outcome of any recruitment check (including references) results in the decision not to make a formal offer of employment, the HR Business Partner should be contacted for advice and guidance.


List of documents to be checked

Acceptable documents for manual right to work checks from 01 July 2021:

  1. Table of contents

List A

Documents which confirm that you have an on-going right to work in the UK - ONE document only is required

  • A passport (current or expired) showing the holder, or a person named in the passport as the child of the holder, is a British citizen or a citizen of the UK and Colonies having the right of abode in the UK.

  • A passport or passport card (current or expired) showing that the holder is a national of the Republic of Ireland.

  • A current document issued by the Home Office to a family member of an EEA or Swiss citizen, and which indicates that the holder is permitted to stay in the United Kingdom indefinitely.

  • A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Home Office Employer Checking Service, showing that the holder has been granted unlimited leave to enter or remain under Appendix EU to the Jersey Immigration Rules, Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 or Appendix EU to the Isle of Man Immigration Rules.

  • A current Bio-metric Immigration document (Biometric Residence Permit) issued by the Home Office to the holder indicating that the person named is allowed to stay indefinitely in the UK or has no time limit on their stay in the UK.

  • A current passport endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the UK, has the right of abode in the UK, or have no time limit on their stay in the UK.

  • A current Immigration Status Document issued by the Home Office to the holder with an endorsement indicating the named person is allowed to stay indefinitely in the UK, or has no time limit on their stay in the UK, together with an official document giving the person's permanent National Insurance number and their name issued by a Government agency or a previous employer.

  • A birth or adoption certificate issued in the UK, together with an official document giving the person's permanent National Insurance number and their name issued by a Government agency or a previous employer.

  • A birth or adoption certificate issued in the Channel Islands, the Isle of Man or Ireland, together with an official document giving the person's permanent National Insurance number and their name issued by a Government agency or a previous employer.

  • A certificate of registration or naturalisation as a British citizen, together with an official document giving the person's permanent National Insurance number and their name issued by a Government agency or a previous employer.

List B (Group 1)

Documents which confirm that you have a time limited right to work in the UK - ONE document only is required

  • A current passport endorsed to show that the holder is allowed to stay in the UK and is currently allowed to do the type of work in question.

  • A current Biometric Immigration Document (Biometric Residence Permit) issued by the Home Office to the holder which indicates that the named person can currently stay in the UK and is allowed to do the work in question.

  • A current document issued by the Home Office to a family member of an EEA or Swiss citizen, and which indicates that the holder is permitted to stay in the United Kingdom for a time limited period and to do the type of work in question.

  • A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Home Office Employer Checking Service, showing that the holder has been granted limited leave to enter or remain under Appendix EU to the Jersey Immigration Rules, Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 or Appendix EU to the Isle of Man Immigration Rules.

  • A document issued by the Bailiwick of Jersey or the Bailiwick of Guernsey, which has been verified as valid by the Home Office Employer Checking Service, showing that the holder has made an application for leave to enter or remain under Appendix EU to the Jersey Immigration Rules or Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008, on or before 30 June 2021.

  • A frontier worker permit issued under regulation 8 of the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020.

  • A current Immigration Status Document containing a photograph issued by the Home Office to the holder with a valid endorsement indicating that the named person may stay in the UK, and is allowed to do the type of work in question, together with an official document giving the person's permanent National Insurance number and their name issued by a Government agency or a previous employer.

List B (Group 2)

Documents which confirm that you have a time limited right to work in the UK but where TWO documents are required. Documents where a time limited statutory excuse lasts for 6 months.

  • A document issued by the Home Office showing that the holder has made an application for leave to enter or remain under Appendix EU to the immigration rules on or before 30 June 2021 together with a Positive Verification Notice from the Home Office Employer Checking Service.

  • A document issued by the Bailiwick of Jersey or the Bailiwick of Guernsey showing that the holder has made an application for leave to enter or remain under Appendix EU to the Jersey Immigration Rules or Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 on or before 30 June 2021 together with a Positive Verification Notice from the Home Office Employer Checking Service.

  • An Application Registration Card issued by the Home Office stating that the holder is permitted to take the employment in question, together with a Positive Verification Notice from the Home Office Employer Checking Service.

  • A Positive Verification Notice issued by the Home Office Employer Checking Service to the employer or prospective employer which indicates that the named person may stay in the UK and is permitted to do the work in question.