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HR and legal

receiving applications

There are several legal and practical advantages in candidates submitting their application on a standard application form rather than by curriculum vitae (CV).

Using application forms

If candidates supply information on a standard form, it is easy for the recruiter to locate and compare the relevant information when deciding whether they meet the person specification (defining the person), so saving the recruiter a substantial amount of time.

An application form can be designed in a way that ensures that irrelevant information such as marital status or nationality is not included, so avoiding the possibility of an allegation of discrimination on those grounds.

Since candidates are not obliged to disclose adverse information about themselves unless it is specifically requested, an application form can be used to request information of particular relevance to the job. It is worth noting, however, that criminal convictions that are 'spent' under the Rehabilitation of Offenders Act 1974 need not be disclosed (spent convictions ). The Data Protection Code advises employers to make this clear.

An application form can include a statement that informs applicants about the purposes for which the personal information they are giving will be used and explains any checks that may be made in the information they provide, so meeting data protection requirement.

If the company decides to monitor the results of its recruitment practices to ensure that they are not influenced by unlawful discrimination, a monitoring form can be appended to the application form (monitoring ).

Adjustments for disabled applicants

It may be necessary for companies to accept applications in alternative formats, such as on tape or computer disk, in order to meet their duty to make reasonable adjustments to the recruitment process for disabled applicants (duty to make adjustments ).

On-line applications

If applications are accepted on-line, the Data Protection Code advises employers to ensure that a secure method of transmission is used.

Application form content

An application form might usefully include:

  • basic biographical facts;
  • education and training, including qualifications;
  • work experience, as an employee, trainee or volunteer;
  • a statement of why the applicant considers that he or she is qualified for the job;
  • availability, including reasons for leaving any existing job;
  • personal interests;
  • current and previous health record.

The Data Protection Code

The Data Protection Code advises employers not to seek personal information that is not necessary to enable a recruitment decision to be made. Applicants should be told if information about them is to be obtained from other sources. Any checks that are to be undertaken to verify the information on the application form (supporting information) should be explained. If checks reveal discrepancies, applicants should be given the opportunity to explain them. If sensitive information, such as information on health or trade union membership, is sought, applicants should be told how this will be used. Information about criminal convictions should be asked for only if this can be justified in terms of the job on offer, and applicants should be informed that 'spent' convictions (spent convictions ) need not be disclosed.

Information for applicants

Prospective applicants may find it helpful to receive copies of the job description (drawing up a job description ) and person specification (drawing up specifications ) so that they can tailor their application to make clear how they meet the requirements.

An employer's duty to make reasonable adjustments to the recruitment process for disabled applicants or potential applicants (duty to make adjustments ) may involve supplying this information in different formats, such as in large print or on cassette.

related links
acas: recruitment and induction

commission for racial equality

criminal records bureau

BERR: individual employment rights

disability rights commission

disclosure scotland

equal opportunities commission: relevant legislation

national association for the care and resettlement of offenders

information commissioner: guidance & other publications

The EEF Employment Guide is intended to provide general guidance only. It does not purport to be comprehensive or to give legal advice. Users should always seek specific legal advice before taking or refraining from any action. Information and documents on this website are prepared in accordance with the laws of England, Wales and Scotland. Users accessing from Northern Ireland should be aware that different laws and interpretations may be applicable to Northern Ireland.