There are several application forms depending upon whether you wish the candidates to provide information via the Application Form or via their CV. Your local DLES will be able to advise you what is appropriate for your role.
Asking your candidates to apply using an application form guarantees consistency and allows the employing bodies to get the answers to the questions, obtaining more specific information than is often included in a CV.
Application forms should focus on name, contact details, skills, qualities and experience relating to the job. If the church, circuit or district plans on taking up references before interviews take place, details how to contact referees can be sought on the application form with candidates' consent.
An example of the Application Form is provided in the Downloadable Templates section.
Recruitment & Selection Monitoring
All applicants should be requested to provide equal opportunities details when making their application to enable a robust means of monitoring the success of recruitment in relation to effectiveness of the Equality, Diversity and Inclusion Policy.
The information obtained as part of monitoring must be separated from the application form. Job applicants should therefore be asked for monitoring data on a sheet that is detached from the application form so the information is kept separate from the selection process.
A sample of Equal Opportunities Monitoring Form is provided in the Downloadable Templates section.
The information must be treated confidentially and only be used for equality monitoring, it MUST NOT used for selection. Upon receipt of the completed application the EDI monitoring form must be separated from the rest of the application by not involved in shortlisting.
Please note that monitoring information gathered constitutes sensitive data under the Data Protection Act 2018.
Medical Checks
The Equality Act 2010 section 60(1) imposes a general rule that organisations cannot ask candidates health questions before they are offered employment. This applies to all recruitment processes up to the point when offer was made to a successful candidate.
The general prohibition covers any type of health related questions whether asked directly at the interview, in writing on an application form or made to an ex-employer. This ban aims to prevent organisations from making sifting decisions based on the physical and mental health or disability of candidates, rather than focusing on their suitability for the job role itself.
After the selection process, at the stage when offer is being made to the successful candidate, employers are allowed to ask health questions. This is to determine whether they have a health condition and whether the employing body needs to discuss any suitable reasonable adjustments. Under Equality Act disclosure of a condition that is classed as a disability places the legal duty on the employer to make reasonable adjustments to reduce or remove disadvantages faced by the disabled staff member.
Churches, circuits and districts should use questionnaires related to health with all new recruits to avoid potential claims of less favourable treatment or discrimination. Sample Medical Questionnaire Template is available from the Downloadable Templates section..
A medical questionnaire should be reviewed by an Occupational Health Advisor. Occupational health advisers can also advise on the questions that are most relevant to the employer's circumstances.
The employing bodies must keep in mind its data protection obligations when deciding how to deal with the report. It should be disclosed only to those who need to see it for the purpose for which it was obtained, for example the line manager responsible for discussing and implementing any reasonable adjustments. Employers must discuss the findings of the report with the employee before using it as the basis for any decisions.
Under General Data Protection Regulation health and medical data are considered ‘special category data’. Before processing this data, employing bodies will need to identify a lawful basis for processing a special category condition; generally for recruitment purposes this will be the condition that the individual (the data subject) has provided their explicit consent to the processing.
Exceptions
There is an exception to the general rule under the Equality Act where health related questions can be asked before an offer of employment is made. This includes e.g.:
- to establish if the individual requires reasonable adjustments during an assessment process to remove any disadvantages they face
- determine if the candidate can carry out a function that is intrinsic to the role
- carry out diversity monitoring of applicants applying for the role
For further information please refer to the guidance for employers on when health or disability questions can be asked, available from the Government Equalities Office (https://assets.publishing.service. gov.uk/government/uploads/system/uploads/attachment_data/file/85013/employmenthealth-questions.pdf)
Criminal records
Under the Rehabilitation of Offenders Act 1974 (Act) certain convictions become spent. Great care must be taken by employers as it is against the law to refuse to employ someone based on a spent conviction.
Employing bodies are advised to provide guidance notes for applicants which accompany the application form and confirm whether the post for is exempt from the Act. A template of the Policy and Guidelines for Appointments that Require DBS Disclosure is available in the Downloadable Templates section.).
The position is then either:
• the post is exempt and all convictions spent or unspent must be disclosed, or
• if the post is not exempt, then the applicant does not need to provide details about previous convictions, which are ‘spent’.
If jobs are exempt, then the job application form should clearly state the job is 'exempt from the Rehabilitation of Offenders Act 1974'.
The National Association for the Care and Resettlement of Offenders (Nacro) has a number of recommendations for employers dealing with criminal record disclosure on application form.
For more information on employing ex-offenders and the Rehabilitation of Offenders Act 1974 refer also to the Safeguarding and Recruiting Safely and visit the Methodist Church’s Safeguarding website: www.methodistchurch.org.uk/safeguarding