A Jamie HR manager's guide

The manager's guide to recruitment and onboarding

A practical checklist for managers and small businesses on recruiting and onboarding new starters correctly: non-discrimination, right to work and DBS checks, handling candidate data, the written statement of employment particulars, contracts, and induction.
Fair recruitment
Candidate data done right
Day-one paperwork

Getting recruitment and onboarding right protects your business and your new starter alike.

Recruitment and onboarding bring together several separate legal duties: not discriminating against candidates, checking right to work, handling personal data correctly, and issuing the right paperwork on time. This guide sets out what the law requires at each stage, what ACAS, the ICO and the EHRC recommend as good practice, and where to find more detail in Jamie HR's dedicated guides to right to work checks and probation periods.

What's inside
Recruiting fairly from the start3
Job adverts and applications4
Right to work checks before day one5
DBS checks: only where the role needs one6
Handling candidate data lawfully7
The written statement of employment particulars8
Contract terms: legal minimum and good practice9
Planning a good induction10
Probation: a brief word11
Getting recruitment and onboarding right12
How Jamie HR helps13

Recruiting fairly from the start

The Equality Act 2010 protects job applicants from discrimination in exactly the same way as it protects employees.
  • It is unlawful to discriminate against a job applicant because of a protected characteristic: age, disability, gender reassignment, marriage or civil partnership, pregnancy or maternity, race, religion or belief, sex, or sexual orientation.
  • Direct discrimination is treating an applicant less favourably because of a protected characteristic.
  • Indirect discrimination is applying the same requirement, policy or practice to every applicant where it puts people who share a protected characteristic at a particular disadvantage, and it cannot be objectively justified.
  • These duties apply at every stage of recruitment: the advert, the application process, interviews and the final decision.
Manager tip
Apply the same process and criteria to every applicant for a role, and keep a record of why each candidate was or was not progressed.

Job adverts and applications

ACAS guidance sets out where recruitment practices commonly cross into discrimination.
  • Do not restrict a job advert to people with a particular protected characteristic, such as an age range or a specific sex, unless a genuine occupational requirement applies to the role.
  • Do not ask about health or disability on an application form or at interview, except to assess reasonable adjustments, to check whether someone can perform the role's essential functions once adjustments are made, or for equality monitoring.
  • Keep any equality monitoring information separate from the application itself, so it does not identify the candidate to those making the decision.
  • It is also unlawful to reject an applicant, or offer worse terms, because of trade union membership or non-membership.
Watch out
A discrimination claim arising from recruitment can be brought regardless of whether the person was ever employed, and must generally reach the employment tribunal within three months less one day of the act complained of.

Right to work checks before day one

You must check that every new employee has the right to work in the UK before they start, for every hire.
  • The duty applies to every new employee, not only those you think may need a visa, and has applied to employers since 29 February 2008 under the Immigration, Asylum and Nationality Act 2006.
  • A correctly completed check, using one of the Home Office's prescribed methods, gives you a statutory excuse against a civil penalty, even if a document later proves fraudulent.
  • Apply the check consistently to every new starter, regardless of nationality or how long someone has lived in the UK.
  • This section is a summary only. See Jamie HR's dedicated guide to right to work checks for the three check types, follow-up checks and record-keeping in full.

DBS checks: only where the role needs one

A DBS check is not something to run for every job; what you can request depends on the role.
  • A Basic DBS check, showing unspent convictions and cautions, can be requested for any role or purpose.
  • A Standard or Enhanced DBS check can only be requested for roles and duties listed in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, such as regulated activity with children or vulnerable adults.
  • Knowingly requesting a higher-level check than a role is eligible for is unlawful.
  • If you carry out criminal record checks at any level, you must have a written policy on employing people with criminal records and show it to any applicant who asks for it.
Manager tip
Check the DBS eligibility guidance for the specific role before asking for anything beyond a Basic check; eligibility is set by law, not by how sensitive the role feels.

Handling candidate data lawfully

Recruitment involves personal data from the moment someone applies, so UK GDPR and the Data Protection Act 2018 apply throughout.
  • Collect only the candidate information you need for the recruitment decision, and have a lawful basis for processing it.
  • The storage limitation principle means you must not keep candidate data for longer than you need it. The UK GDPR sets no fixed retention period, so you need to be able to justify how long you keep it.
  • Delete or anonymise an unsuccessful candidate's data once the recruitment process is complete, unless you have told them you will keep it for longer, for example to consider them for a future role.
  • Health or disability information gathered during recruitment is special category data, which needs extra protection and a specific condition for processing on top of your general lawful basis.
Watch out
The ICO's dedicated guidance on recruitment and selection data protection is being updated at the time of writing. Check ico.org.uk for the current version before relying on it for a specific case.

The written statement of employment particulars

Every employee and worker has a day-one right to a written statement setting out the main terms of the job.
  • The principal statement must be given on or before the first day of employment. This is a day-one right for employees and workers alike.
  • It must include the employer's and employee's names, job title or description, start date, date continuous employment began, pay, working hours, holiday entitlement, and any probation period and its length.
  • It must also cover the employer's address, the place or places of work, notice periods, how long the job is expected to last if temporary or fixed term, and any training the employee must complete.
  • A wider written statement, covering areas such as pensions and disciplinary and grievance procedures, must follow within two months of the start date.
Manager tip
Record the agreed probation length and review dates in the written statement itself, so the day-one document and the contract stay consistent.

Contract terms: legal minimum and good practice

The written statement sets the legal minimum. A fuller contract adds good-practice terms on top of it.
  • The items covered in the written statement are the legal minimum. Combining them into a single written contract, rather than a stand-alone statement, is common practice but not a separate legal requirement.
  • Disciplinary rules and disciplinary, dismissal and grievance procedures can be covered by referring the employee to a separate document that is reasonably accessible to them, rather than setting them out in full in the statement.
  • Additional terms such as confidentiality obligations, restrictive covenants and intellectual property assignment are good practice to include but are not required by the written statement rules.
  • Review template contracts against current law periodically. A term that was lawful when written is not guaranteed to stay lawful as legislation changes.

Planning a good induction

ACAS guidance recommends an induction for every new starter, even though there is no legal requirement to run one.
  • An induction helps a new starter settle in, get the information they need to do the job, and understand what is expected of them.
  • There is no set format or length. ACAS guidance says an induction can be formal or informal, and can be adapted to the size of the business and the role.
  • Pay a new starter for their induction time in the same way as any other working time, from day one.
  • Consider an induction for anyone returning to work after a long time away, such as after a career break, not only for new hires.
Manager tip
Use an induction checklist so nothing is missed, covering the essentials of the role, health and safety, and where to find company policies.

Probation: a brief word

Probation is a contractual arrangement that usually begins once onboarding is complete, not a separate legal status.
  • There is no legal minimum or maximum probation length. Whatever length you set should be recorded in the written statement.
  • Probation length does not change when statutory employment rights start. Rights that depend on length of service run from the start of employment, regardless of when probation ends.
  • Agree clear objectives and review points from the outset, and confirm them in writing.
  • See Jamie HR's dedicated guide to probation periods for reviews, extensions, notice and the unfair dismissal qualifying period change from January 2027.

Getting recruitment and onboarding right

A summary of the essentials covered in this guide:
  • Apply the same fair process to every applicant, and keep records of recruitment decisions.
  • Check right to work before day one for every hire, and only request the level of DBS check a role is legally eligible for.
  • Collect and keep candidate data lawfully, and delete or anonymise it once you no longer need it.
  • Give the written statement of employment particulars on or before the first day.
  • Use the written statement as your legal baseline and add good-practice contract terms on top.
  • Plan an induction for every new starter, and treat probation as the start of a structured, reviewed process.

How Jamie HR helps

Jamie HR keeps recruitment and onboarding paperwork, checks and dates in one place, from the first application to day one and beyond.
  • Digital contracts and written statements generated and signed before day one.
  • Right to work and DBS records stored securely against each employee, so nothing is missed.
  • Onboarding checklists that build induction, policies and training into every new starter's first weeks.
  • Candidate and employee documents held securely, with retention you control.
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This guide is general information, accurate to the best of our knowledge as of 2026, and is not legal advice. Employment law, data protection guidance and Home Office guidance change and every situation is different, so for a specific case take professional HR or legal advice. Sources: ACAS, gov.uk, the ICO, the EHRC and the Equality Act 2010.