Supporting business owners in Sussex and Surrey with expert HR and Recruitment Compliance
Ensuring fair, legal, and transparent hiring practices for small and medium sized businesses across Sussex, Surrey and London.
Recruiting the right talent is essential for business success but it’s equally important to ensure that your hiring processes comply with current UK employment laws. From right-to-work checks to GDPR compliance, businesses must follow strict guidelines to avoid legal risks and ensure fair treatment of candidates. That’s where MJV Consulting can help.
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Why Recruitment Compliance matters | Key Recruitment Compliance Requirements UK | Equality & non-discrimination | Data protection & GDPR in recruitment | Employment contracts & offer letters | Criminal record & DBS checks
Legal Protection – Avoid fines, penalties, and legal disputes.
Fair & Inclusive Hiring – Promote diversity and equal opportunities.
GDPR Compliance – Protect candidate data and ensure privacy.
Better Hiring Decisions – Structured, compliant processes lead to better hires.
Right to Work Checks
Employers must verify that candidates have the legal right to work in the UK before employment begins.
Check original documents (e.g. passport, visa, residence permit).
Use the Home Office online checking service where applicable.
Employers must keep copies of right-to-work documents for at least two years after employment ends.
Conduct follow-up checks for employees on time-limited visas.
Did you know? Failure to comply can result in fines of £45,000 per worker for a first offence and £60,000 per worker for repeat violations and even criminal charges.
Under the Equality Act 2010, employers must ensure that recruitment processes do not discriminate against candidates based on the following:
With MJV Consulting, we work with our clients to ensure that they:
Under the UK GDPR (General Data Protection Regulation), employers must handle candidate data responsibly, here are some of our best practice tips on how to stay compliant:
Collect only necessary data (e.g., CVs, references, work eligibility).
Obtain candidate consent before processing their personal information.
Securely store and delete candidate data when no longer needed.
Provide privacy notices explaining how data will be used.
Did you know? Non-compliance with GDPR can result in fines of up to £17.5 million or 4% of annual turnover.
Once a candidate is selected, businesses must provide a written statement of employment particulars on or before their first working day.
Include key terms, such as salary, working hours, benefits, and notice periods.
Ensure compliance with National Minimum Wage laws.
Outline probationary periods, training provisions and employment conditions.
We ensure that all of our clients subscribing to this service will have access to legally compliant templates to avoid missing essential contract terms.
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Certain roles (e.g. working with children, healthcare, financial services) may require Disclosure and Barring Service (DBS) checks.
Basic DBS check – For general employment (shows unspent convictions).
Standard DBS check – For regulated industries (e.g., finance, law).
Enhanced DBS check – For roles involving children or vulnerable adults.
Employers must ensure DBS checks are legally required before requesting them.
We will work with you to manage, support and guide you through all best practices to ensure you maintain the highest of standards for your recruitment compliance.
Through our partnership with hireful, we are able to extend comprehensive recruitment support to our clients. This includes access to a market-leading applicant tracking system, multi-channel job board advertising, and trusted agency support, helping organisations attract and hire the best talent efficiently.
Using an ATS like hireful will allow your business to:
The MJV Consulting team are here to guide you every step of the way if you are hiring for a project, hiring for a senior member of staff throughout to recruitment support for growing businesses.
Standardise your hiring process to ensure fairness and consistency.
Use legally compliant job adverts to avoid discrimination.
Conduct proper documentation and audits to demonstrate compliance.
Train HR and hiring managers on UK employment laws.
Stay updated with legal changes in recruitment policies.
Start with a clear, specific job title and a brief overview of the role’s purpose. List 5-7 key responsibilities using action verbs, focusing on what the person will actually do day-to-day. Include essential requirements (must-haves) separately from preferred qualifications (nice-to-haves) to avoid deterring qualified candidates.
Be transparent about salary range, office/hybrid/remote work options, and working arrangements. Highlight what makes your company and team unique including culture, growth opportunities, and employee benefits. Keep the tone professional but authentic to your brand.
Finally, keep it concise (aim for 300-700 words) and avoid jargon or overly generic phrases like “rockstar” or “self-starter.” Review for inclusive language that welcomes diverse candidates.
Yes, you must keep copies of right-to-work documents for all employees. UK law requires you to retain clear copies of the documents you checked (such as passports, visas, or birth certificates) along with a record of the date you conducted the check.
These records must be kept securely for at least two years after the employee’s employment ends. Keeping proper records provides you with a statutory excuse against civil penalties if an employee is later found not to have the right to work.
Ensure copies are stored securely in a HRIS solution like Breathe HR Software and in compliance with data protection laws (UK GDPR). Only retain what’s necessary for the right-to-work check and limit access to authorised personnel.
There are a number of available options available and the best place to advertise will be dependent on the nature of the role you are recruiting for.
There are a number of well known job boards here in the UK including Indeed and Reed. Some companies choose to use platforms like LinkedIn and post from their company page and also from the personal page of the individual recruiting for the role.
Here at MJV Consulting, we partner with hireful, which allows us to deliver complete hiring solutions: advanced ATS technology, job postings across major job boards, and professional agency support – giving employers everything they need to recruit successfully.
In a day-to-day client situation, this forms part of our key service here at MJV Consulting. It is important to conduct all checks before the employee’s first day of work and suggested steps include: Requesting key documents, check in-person as well as online digital checks. Copy and record any document copies and store in your HRIS such as Breathe HR Software.
Yes. UK law requires all employers to verify that every employee has the right to work in the UK before they start, regardless of nationality. This includes British citizens.
You must check original documents from the government’s approved list (such as a passport or birth certificate with National Insurance number), take copies, and keep records for at least two years after employment ends. Failing to conduct proper checks can result in civil penalties of up to £60,000 per illegal worker.
Conducting compliant checks provides you with a “statutory excuse” against liability. For non-British and non-Irish citizens with time-limited visas, you’ll need to conduct follow-up checks.
Before employment starts, you must check original documents from the Home Office’s approved list. Acceptable documents include:
Check the documents in the employee’s presence, take clear copies, and record the date of the check. For digital status, use the Home Office online checking service with the employee’s share code and date of birth.
Keep all records securely for at least two years after employment ends. For employees with time-limited visas, diarise and conduct follow-up checks before their permission expires.
Your recruitment process is the foundation of your business’s success. Let MJV Consulting help you ensure it’s strong, compliant, and efficient. Contact us today to learn more about our recruitment compliance services or to request a free consultation.