Can I ask about a candidate's health or disability during recruitment?

Generally no — under Equality Act 2010, s.60 you must not ask questions about health or disability before offering the role, except in limited cases (such as arranging reasonable adjustments for the interview, checking the person can do a function intrinsic to the job, diversity monitoring, or positive action).

Do I have to make reasonable adjustments for job applicants?

Yes. The duty to make reasonable adjustments applies to applicants as well as employees — for example adjusting an interview or test so a disabled candidate is not put at a substantial disadvantage.

Do I need to check a candidate's right to work in the UK?

Yes. You must check that every new hire has the right to work in the UK before they start. A correctly completed prescribed check may provide a statutory excuse against a civil penalty; check GOV.UK for the current process and penalty level.

When should I do the right to work check?

Before employment begins. Many employers make the offer conditional on a satisfactory right-to-work check (and any DBS check the role is eligible for, and references).

Can I ask about criminal convictions?

Only where the role legally allows it. Under the Rehabilitation of Offenders Act 1974 most candidates need not disclose spent convictions, and you generally cannot reject them for it — unless the role is exempt and eligible for a DBS check. Disclosure is also subject to the DBS filtering rules.

Can I prefer a candidate from an under-represented group?

Only within narrow limits. Where two candidates are as qualified as each other, you may take under-representation into account as a tie-breaker under s.159 (positive action). Quotas and automatic preference are unlawful — take advice before relying on it.

Can a job advert be discriminatory?

Yes — the wording or placement of an advert can be unlawful if it excludes or deters people with a protected characteristic, unless the statutory occupational-requirement test (Schedule 9) is satisfied. Keep adverts job-related and inclusive.

Do I need to give candidates a privacy notice?

Normally yes — under the UK GDPR you should give candidates a recruitment privacy notice explaining what data you collect, why, the lawful basis, and how long you keep it. Candidates should normally receive it at or shortly after the point their personal data is collected.

How long can I keep unsuccessful applicants' data?

Only as long as you have a lawful reason. Under the UK GDPR you should keep recruitment data no longer than necessary and document your retention periods. Many employers keep it for a limited period to deal with any query or claim, then delete it.

Can I keep a "talent pool" of past applicants?

You can, but only lawfully — tell candidates you intend to, rely on a proper lawful basis (depending on the circumstances, for example their consent or your legitimate interests), keep the data securely, and let people opt out. Review and delete it when it is no longer needed.

Do these rules apply to small employers?

Yes — the Equality Act, right-to-work duty and data protection rules apply regardless of employer size.

England & WalesProcess pack

Recruitment Process Pack (England & Wales)

A fair, lawful hiring process covers each stage from role definition through to reference checks — this pack's documents have different audiences at each step: you write the job description, candidates complete the application form, you offer the role, and you request references. Each document below is a faithful, diff-verified reproduction of the corresponding ACAS recruitment templates. Read the step-by-step guide for how these fit together.

Document sequence

1
Job Description Template — England & WalesDiff-verified against the ACAS source
2
Job Application Form Template — England & WalesDiff-verified against the ACAS source
3
Job Offer Letter Template (Cover Letter) — England & WalesDiff-verified against the ACAS source
4
Reference Request Letter Template — England & WalesDiff-verified against the ACAS source

This information is a general guide for employers in England & Wales. It is not legal advice, and it applies to England & Wales only — the law differs in Scotland and Northern Ireland. This material does not create a solicitor–client relationship. Laws change over time — always verify the current position before relying on this information. For advice on your specific situation, consult a qualified professional.

Overview

Recruitment is how an employer attracts, assesses and selects someone for a role — from the job advert and shortlisting to interview, decision and offer. In England & Wales, a fair and lawful process has to get several things right at once: not discriminating against candidates under the Equality Act 2010, checking each new hire's right to work in the UK, handling candidates' personal data properly under the UK GDPR, and following good practice so the best person is chosen on objective, job-related merit. The Recruitment Process Pack (England & Wales) gives employers the documents to run a hire properly and fairly — a job description and person specification, a non-discriminatory advert, shortlisting and interview records, the offer letter, a right-to-work check record, and candidate communications — in the order you need them.

When to use this pack

You are hiring and want the recruitment process to be fair, consistent and lawful from advert to offer.
You want to reduce the risk of a discrimination claim and keep proper written records of how decisions were made.
You need to check right to work correctly and handle candidate data in line with the UK GDPR.

When NOT to use this pack (read this first)

You are dealing with an existing employee — for redundancy, discipline, a grievance, or changing terms, use the relevant pack instead (this pack is for hiring).
You need immigration sponsorship advice — sponsoring a worker (a sponsor licence, Certificates of Sponsorship, the points-based system) is a specialist area; this pack covers right-to-work checks, not how to sponsor. Take specialist immigration advice.
You are engaging agency/temporary workers through a staffing agency — those arrangements have their own rules (and the agency may carry some responsibilities). This pack is for direct hiring.
The role is heavily regulated or safety-critical — for example roles needing enhanced vetting or sector-specific fitness requirements. Use this pack for the ordinary process but take advice on the specialist checks. If you're unsure whether a particular question, check or requirement is lawful for your role, take advice before advertising or interviewing.

The process this pack covers

1
Define the role objectively
A job description and person specification based on what the job actually requires, so selection is on merit and job-related criteria.
2
Advertise without discrimination
Wording and placement that don't exclude or deter people with a protected characteristic (and no "occupational requirement" unless the statutory test in Schedule 9 is satisfied).
3
Shortlist against consistent criteria
Apply the same job-related criteria to every applicant and record the reasons.
4
Interview fairly
Ask job-related questions, avoid pre-offer health/disability questions, and offer reasonable adjustments for the interview or assessment.
5
Decide on merit
Choose the best candidate against the criteria; any positive action must stay within narrow legal limits.
6
Make a conditional offer and check right to work
Offer subject to a correctly completed right-to-work check (and any DBS check the role is eligible for, and any references), then confirm.
7
Communicate and keep records
Send offer and rejection letters, give a candidate privacy notice, and keep recruitment records and candidate data in line with the UK GDPR.

Key figures

Don't discriminate — across the whole process: The Equality Act 2010 protects candidates from discrimination because of a protected characteristic (age, disability, gender reassignment, marriage/civil partnership, pregnancy/maternity, race, religion or belief, sex, sexual orientation) — in the advert, shortlisting, interview, and the decision. Depending on the protected characteristic, the Act prohibits direct discrimination, indirect discrimination, harassment and victimisation.
Pre-offer health and disability questions are restricted: Under Equality Act 2010, s.60, you generally must not ask questions about a candidate's health or disability before offering them the role (or before including them in a pool). There are limited exceptions — for example to decide whether you need to make reasonable adjustments for the assessment/interview, to check the person can carry out a function intrinsic to the job, for diversity monitoring, or for positive action.
Make reasonable adjustments in recruitment: The duty to make reasonable adjustments applies to job applicants, not just employees — for example adjusting how an interview or test is run. (See the Reasonable Adjustments Process Pack.)
Check right to work — correctly: You must check that each new hire has the right to work in the UK before they start. A correctly completed prescribed check (using GOV.UK's online service with a share code, or the approved manual/identity-verification route) may provide a statutory excuse against a civil penalty; getting it wrong can lead to a significant civil penalty per worker (and, in serious cases, criminal liability). Check GOV.UK for the current process and penalty level.
Criminal records — handle with care: Under the Rehabilitation of Offenders Act 1974, most candidates do not have to disclose spent convictions, and you generally cannot reject them for it, unless the role is covered by the exceptions (for example certain regulated roles) and is eligible for a DBS check (basic, standard or enhanced). Disclosure is also subject to the DBS filtering rules — some old or minor matters are not disclosed. Only ask about, or check, criminal records where the role legally allows it.
Positive action is limited: The Equality Act 2010 allows positive action: s.158 permits broader measures to address disadvantage or under-representation, while s.159 creates the narrow recruitment/promotion "tie-break" — where candidates are as qualified as each other, you may take under-representation of a protected group into account. It does not allow quotas, or an automatic or blanket preference — treat it as a narrow, case-by-case option and take advice before relying on it.
Handle candidate data properly: Application data is personal data under the UK GDPR and the Data Protection Act 2018 — collect only what you need, tell candidates how you use it (a recruitment privacy notice), keep it securely, and don't keep it longer than necessary (document retention periods in your data retention policy). Recruitment often involves special category data (for example health or ethnicity from equal-opportunities monitoring), which needs an Article 9 condition and extra care.
Using AI or background checks?: If you use AI-assisted recruitment tools (CV screening, automated scoring), make sure they comply with equality law and the UK GDPR, including the rules on solely automated decision-making, where Article 22 applies — and they should not replace human judgment. Any background or social-media checks should be relevant, applied consistently, and data-protection compliant.
Note on future reform: From 1 October 2026, the duty to carry out right-to-work checks is being extended to a wider range of working arrangements (including certain workers, individual sub-contractors, and online matching/platform operators). Confirm the current position on GOV.UK before relying on it.

Frequently asked questions

Can I ask about a candidate's health or disability during recruitment?: Generally no — under Equality Act 2010, s.60 you must not ask questions about health or disability before offering the role, except in limited cases (such as arranging reasonable adjustments for the interview, checking the person can do a function intrinsic to the job, diversity monitoring, or positive action).
Do I have to make reasonable adjustments for job applicants?: Yes. The duty to make reasonable adjustments applies to applicants as well as employees — for example adjusting an interview or test so a disabled candidate is not put at a substantial disadvantage.
Do I need to check a candidate's right to work in the UK?: Yes. You must check that every new hire has the right to work in the UK before they start. A correctly completed prescribed check may provide a statutory excuse against a civil penalty; check GOV.UK for the current process and penalty level.
When should I do the right to work check?: Before employment begins. Many employers make the offer conditional on a satisfactory right-to-work check (and any DBS check the role is eligible for, and references).
Can I ask about criminal convictions?: Only where the role legally allows it. Under the Rehabilitation of Offenders Act 1974 most candidates need not disclose spent convictions, and you generally cannot reject them for it — unless the role is exempt and eligible for a DBS check. Disclosure is also subject to the DBS filtering rules.
Can I prefer a candidate from an under-represented group?: Only within narrow limits. Where two candidates are as qualified as each other, you may take under-representation into account as a tie-breaker under s.159 (positive action). Quotas and automatic preference are unlawful — take advice before relying on it.
Can a job advert be discriminatory?: Yes — the wording or placement of an advert can be unlawful if it excludes or deters people with a protected characteristic, unless the statutory occupational-requirement test (Schedule 9) is satisfied. Keep adverts job-related and inclusive.
Do I need to give candidates a privacy notice?: Normally yes — under the UK GDPR you should give candidates a recruitment privacy notice explaining what data you collect, why, the lawful basis, and how long you keep it. Candidates should normally receive it at or shortly after the point their personal data is collected.
How long can I keep unsuccessful applicants' data?: Only as long as you have a lawful reason. Under the UK GDPR you should keep recruitment data no longer than necessary and document your retention periods. Many employers keep it for a limited period to deal with any query or claim, then delete it.
Can I keep a "talent pool" of past applicants?: You can, but only lawfully — tell candidates you intend to, rely on a proper lawful basis (depending on the circumstances, for example their consent or your legitimate interests), keep the data securely, and let people opt out. Review and delete it when it is no longer needed.
Do these rules apply to small employers?: Yes — the Equality Act, right-to-work duty and data protection rules apply regardless of employer size.

Legislation & regulations

Equality Act 2010, s.39 (employment: recruitment and discrimination), s.40 (harassment), s.19 (indirect discrimination), s.60 (pre-offer enquiries about disability and health), s.158–s.159 (positive action, including the recruitment/promotion tie-break), and Schedule 9 (occupational requirements)
Immigration, Asylum and Nationality Act 2006, ss. 15–25 — right-to-work checks and the civil penalty for illegal working
Rehabilitation of Offenders Act 1974 and the Exceptions Order 1975, spent convictions; DBS eligibility and filtering
UK GDPR and the Data Protection Act 2018, candidate personal data; special category data

Case law

Nagarajan v London Regional Transport [1999] ICR 877 (HL) — Discrimination in recruitment can arise from subconscious or unconscious bias, regardless of motive
Essop v Home Office (UK Border Agency) [2017] UKSC 27 — In indirect discrimination, a claimant need not prove why a PCP puts the group at a disadvantage, only that it does
Homer v Chief Constable of West Yorkshire Police [2012] UKSC 15 — A selection/person-specification requirement can be a PCP giving rise to indirect (here, age) discrimination unless justified

Regulator / official guidance

This information is for informational purposes only and does not constitute legal advice. For advice on a specific situation, consult a qualified adviser or Acas (acas.org.uk).