Recruitment: a fair and lawful hiring process step by step (England & Wales)

This guide follows Acas's recruitment templates and guidance. It is not legal advice — for advice on a specific situation, consult a qualified adviser or Acas.

This is a process template, not legal advice. Recruitment decisions must not discriminate based on a protected characteristic under the Equality Act 2010. Employers are restricted from asking about health or disability before a job offer (Equality Act 2010, s.60), and must check every successful candidate's right to work in the UK. Complex cases (discrimination, immigration status, disclosed health conditions) require independent legal advice before you proceed.

1. Write a clear job description

Set out the job title, main purposes, key tasks, key results/objectives, and reporting line before you advertise the role. A clear job description helps you assess candidates against the actual requirements of the job, rather than against unstated or shifting criteria.

Use the job description template for this step.

2. Use a discrimination-conscious application form

By law, you must not ask about a candidate's health before offering them the job, subject to limited exceptions (Equality Act 2010, s.60) — for example, asking about reasonable adjustments needed for the interview itself is different from asking about their general health or disability status. The application form asks about disability only in the context of interview logistics, and times the right-to-work and reference questions appropriately.

Make sure you adapt the form to comply with the UK General Data Protection Regulation (UK GDPR) — see ico.org.uk for guidance on handling candidate data.

Use the job application form template for this step.

3. Select fairly, then make the offer

Assess candidates against the job description's actual requirements, not a protected characteristic — age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation are all protected under the Equality Act 2010. Once you've selected a candidate, the offer is typically made subject to satisfactory pre-employment checks, including a right-to-work check.

Use the job offer letter for this step.

4. Check the candidate's right to work in the UK

By law, you must check that a job applicant is allowed to work for you in the UK before you employ them. A civil penalty can apply if you employ someone without the right to work and without carrying out a correct right-to-work check (Immigration, Asylum and Nationality Act 2006, s.15).

5. Request references

Be clear with the referee about whether you're looking for a work or character reference, and only ask for the information you need — the referee doesn't have to provide it. Some sectors (for example, financial services, or roles working with vulnerable people) have their own specific reference rules that this general template doesn't cover.

Use the reference request letter for this step.