West Lothian
Council
Recruitment and Selection
Procedure
Original approved by PP&R Cttee 25 February 2000
Revised July 2014
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West Lothian
Council
RECRUITMENT AND SELECTION PROCEDURE
CONTENTS
1.
INTRODUCTION ........................................................................................................................ 3
2.
VACANCY REVIEW ................................................................................................................... 3
3.
CREATE A NEW POST .............................................................................................................. 3
4.
JOB OUTLINE............................................................................................................................. 3
5.
PERSON SPECIFICATION ........................................................................................................ 3
6.
VACANCY ADVERTISING ......................................................................................................... 4
7.
EXCEPTIONS ............................................................................................................................. 5
8.
APPLICATIONS .......................................................................................................................... 5
9.
SELECTION ................................................................................................................................ 6
10. REFERENCES ............................................................................................................................ 8
11. HEALTH SCREENING ................................................................................................................ 8
12. VALIDATION OF QUALIFICATIONS .......................................................................................... 8
13. CHECKING OF PROFESSIONAL REGISTERS – WORKING WITH CHILDREN
OR VULNERABLE GROUPS ...................................................................................................... 9
14. COMPLIANCE WITH ASYLUM AND IMMIGRATION ACT 1996 ............................................... 9
15. DISCLOSURE SCREENING – working with children or other vulnerable groups ..................... 9
16. KEEPING APPLICANTS INFORMED ...................................................................................... 10
17. APPOINTMENT ........................................................................................................................ 10
18. INDUCTION .............................................................................................................................. 10
APPENDIX 1 Specimen Job Outline ................................................................................................. 12
APPENDIX 2 Specimen Person Specification .................................................................................. 14
APPENDIX 3 Specimen Advert ........................................................................................................ 15
APPENDIX 4 Vacancy Authorisation Form ....................................................................................... 16
APPENDIX 5 Advice Notes for Interview/Appointment Process ....................................................... 17
APPENDIX 6 Interview Arrangements .............................................................................................. 20
APPENDIX 7 Specimen Interview Assessment Sheet ..................................................................... 21
APPENDIX 8 Appointment Pro-forma............................................................................................... 23
APPENDIX 9 Reference Request ..................................................................................................... 25
APPENDIX 10 Appointments Head Teachers and Depute Head Teachers Policy .......................... 30
APPENDIX 11 Compulsory Transfer of Teachers Policy..................................................................42
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West Lothian
Council
RECRUITMENT AND SELECTION PROCEDURE
1.
INTRODUCTION
The purpose of this Procedure is to ensure that an equitable and consistent approach to
recruitment and selection is adopted, and that the various stages of the recruitment and
selection process are carried out in line with the aims and principles of the council’s
Recruitment and Selection Policy, People Strategy and its commitment to promoting equality
of opportunity.
2.
VACANCY REVIEW
Vacancies should not be filled automatically. Managers should review vacancies against the
Service’s Workforce Strategy in line with the workforce planning process to determine if:

it is necessary to fill the vacancy;

it could be filled in a different way e.g. different hours, duties, grade etc.;

there are likely to be changes to the post requiring different or additional skills
3.
CREATE A NEW POST
3.1
New posts can only be created with the approval of the Head of Service and with the authority
of the relevant Depute Chief Executive and the Chief Executive.
3.2
Requests to create a new post must be made in accordance with the formal Grading
Assessment Process. For further information log on to www.westlothian.gov.uk/hr-services.
4.
JOB OUTLINE
4.1
Each post has a Job Outline. When a post becomes vacant, the manager should review the
Job Outline and revise as necessary.
4.2
A job outline must not contain any unjustifiable requirements that may exclude any person
from applying for the job. For example, stating that the person must be energetic, if this is not
a demonstrable skill required of the job; or requires to have a number of years’ experience.
4.3
A job outline should:

be written in the council’s approved format (See Appendix 1);

be clear, comprehensive, and outline the key duties, responsibilities and accountabilities
of the job.
5.
PERSON SPECIFICATION
5.1
A person specification provides the basis for advertising, short-listing, interviewing and filling a
post. It is based on the job outline and lists the skills, knowledge, experience, qualifications
and personal qualities required in the post.
5.2
Managers are responsible for preparing a person specification for each post they advertise
(see example proforma Appendix 2).
5.3
Criteria should relate clearly to the requirements of the post as set out in the job outline.
Essential criteria, such as a specific minimum level of education or training, should only be
applied if:
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
it is considered that the postholder could not carry out the duties of the job effectively
without it; or

there is a legal/statutory requirement for a particular criteria to be met, such as
qualifications.
5.4
Criteria included in person specifications must be capable of being demonstrated or assessed
during the selection process, and must not contain any unjustifiable requirements that may
exclude any person from applying for the job. For example, stating that the person must be
energetic, if this is not a demonstrable skill required of the job; or requires to have a number
of years’ experience.
6.
VACANCY ADVERTISING
6.1
All vacancy advertising is co-ordinated by Human Resources on a case-managed basis.
6.2
Vacancies are advertised:

internally through the council’s Vacancy Bulletin and website (visit
www.westlothian.gov.uk and click on Council Jobs);

externally where appropriate, unless covered by Section 5 ‘Exceptions’ of the Recruitment
and Selection Policy. Section 7 below deals with those exceptions and the appropriate
action to be taken in the circumstances.
6.3
Vacancies are advertised as widely as possible. Where, in relation to Equal Opportunities,
under-represented groups are identified, alternative methods of recruitment will be explored to
address the particular issue.
6.4
The Vacancy Bulletin is issued every three weeks and the schedule is available on
www.westlothian.gov.uk/hr-services.
6.5
Managers with access to Myjobscotland will complete the vacancy details online and submit
to the Case Manager.
6.6
Managers who do not have access to Myjobscotland must ensure that the Case Manager
receives the following items:

a job advertisement (see Appendix 3 for example);

a job outline;

a person specification;

any other relevant information
ALL of the above items must be forwarded electronically to the Case Manager.
6.7
Managers (other than for schools) must complete a Vacancy Authorisation Form and post/fax
to the Case Manager (see Appendix 4).
6.8
Schools’ Business Support Managers will post vacancies directly on ‘Talent Link’ and submit
to the Case Manager.
6.9
Job adverts must not contain unjustifiable requirements that may exclude an individual from
applying for the job, or are not a demonstrable skill required. For example, avoid asking for a
number of years experience or using language such as ‘mature’, ‘young’ or ‘energetic’ that
might imply you would prefer someone of a certain age.
6.10
Job adverts should:

be based on the job outline and person specification;

be concise but contain sufficient information to attract suitable candidates;

include essential selection criteria;
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6.11

state if a legislative exemption applies (i.e. there is a genuine occupational requirement
for the job to be filled by someone from a particular ethnic minority background or
gender);

state if a PVG check is required;

state if registration with Scottish Social Services Council (SSSC) is required
External adverts:

will be advertised on Myjobscotland, the national local government recruitment portal

will where appropriate be placed in suitable media taking into account cost, quality, equal
opportunities and coverage required. Posts to be advertised in the media should contain
no more than 25 words (excluding qualifications ie degree/registration with professional
body etc and experience ie post qualifying experience etc).

will also be advertised in the local Job Centre
7.
EXCEPTIONS
7.1
Certain other council policies create exceptions to the provisions of the Recruitment and
Selection Policy by allowing different treatment to the following categories:

trainees on approved training/job programmes (e.g. Skillseekers, New Deal etc.);

employees awaiting redeployment (see paragraph 7.4 and 7.5 below);

compulsory transfer of teachers (see appendix 11);

employees being considered for alternative employment on the grounds of ill health or
disability;

vacancies sent to the Job Centre for ‘Job Matching’;

applicants with disabilities (see 7.2 below);
7.2
In accordance with the Equality Act and the council’s Equality Policy, all applicants with a
disability who meet the essential criteria for a post will be interviewed. The council will make
such reasonable adjustments as necessary to help applicants participate in the selection
process and for successful candidates to take up employment.
7.3
Trainees on approved training programmes may be allocated to a suitable post that falls
vacant if they meet the criteria for that post.
7.4
The HR Administration Team maintain a file of employees awaiting redeployment, and will
check to see who may be matched to a vacancy. The council’s policy and procedure for
Workforce Management sets out the steps that must be followed.
7.5
The council will, wherever practicable, try to retain employees who become unable to do their
own job due to ill health or disability. The first consideration will be to see if reasonable
adjustments can be made to the employee’s own job to allow them to remain in it. If this is
not possible, the employee will be considered for other posts. It is accepted that re-training
and/or reasonable adjustments may be required.
8.
APPLICATIONS
8.1
Application forms must be completed for all vacancies and applicants should, where possible,
apply online. Applicants unable to apply online will be sent the following:

an appropriate application form;

a job outline;

a person specification;

an Equal Opportunities Statement and Monitoring Form.
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8.2
Applications can be made available in alternative formats (i.e. large print or alternative
languages).
9.
SELECTION
9.1
General Principles
9.1.1
Selection for each vacancy will normally be carried out by a minimum of two people
designated by the appropriate Depute Chief Executive or Head of Service.
9.1.2
All individuals participating in the selection process should be appropriately trained in
Recruitment and Selection techniques, and at least one of the trained participants should
have knowledge of relevant employment legislation and council policies and procedures.
9.1.3
The same participants should remain throughout the selection process.
9.1.4
An individual who has, or has had, a personal relationship with a candidate, or whose ability
to be completely impartial may be compromised in some other way must declare an interest
and take no part in the selection process.
9.2
Shortlisting
9.2.1
With their recruitment pack, managers are sent ‘Advice Notes for Interview/ Appointment
Process’, which they should read before proceeding (see appendix 5). It is important to follow
the instructions to avoid any delay in appointing.
9.2.2
Only members of the interview panel will be allowed to participate in the short-listing process.
9.2.4
Applicants must be evaluated against the criteria identified in the person specification and a
note made on how each candidate meets or fails to meet the criteria.
9.2.5
Applicants with disabilities who meet the essential job criteria will be offered an interview
under the council’s Guaranteed Interview scheme.
9.2.6
The council has a commitment to work in partnership with Job Centre Plus and New Deal
Programme. Applicants who meet the essential job criteria for posts identified under this
scheme will be offered an interview through the New Deal recruitment arrangements. This
provision also applies to other target groups under the Local Employment Partnership.
9.3
Interviews
9.3.1
Those responsible for arranging interviews should ensure that:

candidates are given 7 days written notice of interview, including any requirements to
undertake presentations or selection tests;

the interview venue and arrangements take account of disabled candidates’ requirements
(e.g. an induction loop may be required for a candidate with hearing difficulties);

a fully completed Interview Arrangements form is forwarded to the Case Manager (see
Appendix 6). Please note – the HR Administration Team requires 2 days notice to
arrange for interview letters to be sent.
9.3.2
In order to identify a candidate’s suitability for the post, interview questions must be based on
the person specification.
9.3.3
Following each interview, interviewers should complete an Interview Assessment sheet for
that candidate (see example proforma Appendix 7).
9.3.4
The panel chairperson must verify all candidates’:


identification documents for PVG check (if required);
certificate of registration with Scottish Social Services Council (SSSC) (if required);
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



original qualification certificates relevant to the requirements of the post;
driving licence and insurance certificate (if a genuine requirement of the post);
document of eligibility to work in U.K. (for external candidates - see Appendix 5);
GTC Registration for teachers.
9.3.5
A selection decision should be made only after all interview and selection procedures have
been completed. The decision must be based on an objective assessment of the skills,
knowledge and experience detailed in the Person Specification and the outcome of any
occupational test (i.e. psychometric test).
9.3.6
The panel chairperson must complete the Appointment Proforma (see Appendix 8) and return
it to the Case Manager together with application forms and Disclosure forms where
appropriate. The Case Manager must also be sent all other documents identified in section
9.3.4 above as required.
9.4
Selection Tests
9.4.1
All occupational testing used must be:

appropriate to the post;

properly validated and;

applied only by suitably trained assessors.
9.4.2
Tests must not be prejudiced.
9.4.3
Whenever a disability prevents a suitably qualified individual from undergoing standard
selection procedures, appropriate alternative arrangements for assessment must be found.
For example, allowing additional time for testing where appropriate.
9.4.4
Wherever possible, tests should be available in alternative formats (e.g. large print).
9.4.5
Psychometric tests must only be administered, scored and interpreted by employees who
hold the appropriate level of qualification for that particular test.
9.4.6
Information gained from psychometric tests must not be used exclusively to make decisions.
Test results should only be considered in conjunction with other information (e.g. application
form and interview).
9.4.7
Human Resources will securely store all test results for a period of 6 months from the date of
testing. All paperwork will be securely disposed of at the end of the 6-month period.
9.4.8
Test results must only be used for the purpose they were originally intended. They will
remain valid for any similar position(s) during the 6-month period.
9.4.9
Test materials are held by Human Resources and only qualified users have access to these
materials.
9.5
Keeping Records
At each stage of the interview and selection process, the panel chairperson should make a
record of the reason(s) for the selection or rejection of each applicant. This, together with all
supporting information, should be kept for a period of not less than six months from the date
that the preferred candidate is notified.
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10.
REFERENCES
10.1
References are only sought, for the preferred candidate and must be obtained before a
formal offer of employment can be made.
10.2
References are sought from those referees identified on the candidate’s application form, one
of which should always be the current or last employer. A copy of the job outline and person
specification must be sent to referees to enable them to make informed comment on the
candidate’s suitability for the job.
10.3
Two satisfactory references must be obtained for an external candidate before an offer of
employment is made. Where the preferred candidate is a current West Lothian Council
employee, one reference must be obtained which should be from the current line manager.
10.4
Where a referee has not responded, managers must ensure that the reference is pursued and
keep evidence that this has been done (i.e. a copy of the reminder letter in the candidate’s
personal file). Where a referee is contacted by telephone, a note of the date of the telephone
call and the outcome must be kept and included in the candidate’s personal file.
10.5
Telephone references must be recorded on the council’s proforma and inserted in the
candidate’s personal file (see example at Appendix 9).
10.6
Where a referee does not provide a reference, the preferred candidate must supply a third
referee and the process continued.
10.7
References must be returned to HR Administration for retention in the candidate’s personal
file.
10.8
References are not requested in confidence and in accordance with the council’s policy on
Access to Personal files, the candidate may view reports on request.
10.9
In the event that the main reference is unsuitable, the candidate will be informed and any
conditional offer withdrawn.
11.
HEALTH SCREENING
11.1
All preferred external candidates and those council employees being considered for a post
that is materially different to their current role, must be health-screened by the council’s
Occupational Health provider.
11.2
Job offers cannot be confirmed until a ‘Fit Slip’ is received.
11.3
In accordance with the Equality Act, the council has a statutory duty to make reasonable
adjustments to the workplace or job to accommodate a disabled candidate. Where the
Occupational Health provider identifies necessary adjustments, the manager, in conjunction
with the Occupational Health & Safety team, should assess if the recommendations can be
accommodated.
11.4
Where adjustments can be accommodated, the manager should discuss this with the
candidate prior to an offer of employment being made.
11.5
Where adjustments cannot be accommodated, managers must bring the matter to the
attention of their Head of Service. The manager should then arrange to meet the candidate to
advise them why the adjustments cannot be accommodated.
12.
VALIDATION OF QUALIFICATIONS
Chairs of Interview Panels are responsible for ensuring that:

original qualification certificate(s) designated as essential criteria for a post are checked
and validated during the interview process; and
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
certificates are photocopied. The verifier should write on the copies - ‘original document
seen by’, then PRINT his/her name, sign and date. The copy certificates should be
returned to the Case Manager for inclusion in the individual’s personal file.
13.
CHECKING OF PROFESSIONAL REGISTERS – WORKING WITH CHILDREN OR
PROTECTED ADULTS
13.1
Professional registers must be checked where registration is:
13.2

an essential requirement of the post; or

the candidate has declared that he/she is registered with a professional body (even if
not an essential requirement for the post); or

the candidate’s employment history indicates that he/she has required to be registered
with a professional body (even if not an essential requirement of the post).
In the above circumstances, Chairs of Interview Panels are responsible for ensuring that:

Original registration documents are checked and validated during the interview process;
and

Registration documents are photocopied. The verifier should write on the copies –
‘original document seen by’, then PRINT his/her name, sign and date. The copy
documents should be returned to the Case Manager for inclusion in the individual’s
personal file.
14.
COMPLIANCE WITH IMMIGRATION, ASYLUM AND NATIONALITY ACT 2006
14.1
In accordance with the above Act, the council is required to confirm that preferred candidates
are eligible to work in the UK.
14.2
There are two lists of acceptable documents an applicant may use to provide evidence of
their eligibility to work in the U.K. For more information see Appendix 5 ‘Advice Notes for
Interview/Appointment Process’.
14.3
External candidates will be asked to bring approved documentation to the interview.
14.4
Chairs of Interview Panels are responsible for:

checking candidates’ original documents confirming eligibility to work in the U.K.;

arranging for identification documents to be copied;

signing the copied documents (‘original document seen by’, then PRINT his/her name,
sign and date) to verify that he/she has seen the originals; and

forwarding signed copies to the HR Administration Team.
14.5
Full details on Asylum and Immigration - Preventing Illegal Working are contained in the
Managers’ Guide which can be found on www.westlothian.gov.uk/hr-services .
15.
DISCLOSURE SCREENING – WORKING WITH CHILDREN OR PROTECTED ADULTS
15.1
Posts that involve working with children or protected adults:

require the preferred candidate to undergo a PVG check with Disclosure Scotland.

are exempt from the terms of the Rehabilitation of Offenders Act 1974 and previous
convictions cannot be regarded as ‘spent’.
15.2
PVG checks can only be undertaken with the written agreement of the prospective employee.
Only the preferred candidate will be sent a PVG membership application form which must be
fully completed and returned, together with three forms of identification.
15.3
In addition to disclosing convictions, applicants applying for posts working with children or
other vulnerable groups are required to disclose details of any police caution or criminal
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charge against them. They are also required to disclose if they are involved in a police
investigation or disciplinary action by a professional or regulatory body. This information
should be disclosed in section D3 of the application form.
15.4
The council must be in receipt of a satisfactory PVG check before a formal appointment is
made and the candidate permitted to commence work.
15.5
Where a PVG check gives cause for concern, the HR Business Partner or Adviser will discuss
the Disclosure with the manager concerned and decide on the appropriate course of action.
Before a final decision is made, the Disclosure will be discussed with the candidate.
15.6
Where it is decided that the appointment can be made, a formal letter of appointment will be
sent to the preferred candidate.
15.7
Where it is decided that the appointment cannot proceed, the candidate will be advised and
sent a letter confirming the withdrawal of any conditional offer of employment.
16.
KEEPING APPLICANTS INFORMED
16.1
Every effort will be made to ensure that applications are processed within a reasonable
timescale and that applicants are kept informed of the progress of their application.
16.2
All applicants will receive a letter/email advising them of the outcome of their application,
whether successful or not.
16.3
The Chair of the interview panel should provide feedback, when requested, to candidates who
have been unsuccessful in being short-listed, or following an interview subject to 16.4 and
16.5 below.
16.4
Feedback must be based solely on objective criteria regarding the applicant’s fitness against
the person specification. It must not include subjective comment or opinion.
16.5
If required, managers can seek advice from Human Resources before giving feedback to
applicants.
16.6
Feedback regarding occupational tests must be provided by a suitably qualified person (see
Human Resources).
17.
APPOINTMENT
Once all necessary checks for the preferred candidate have been returned as satisfactory,
HR Administration will send the successful candidate a formal letter of appointment and
statement of particulars.
18.
INDUCTION
18.1
Line Managers are responsible for ensuring that all new employees participate in both a
Corporate and Service induction programme at the commencement of employment.
18.2
Induction is designed to help new employees adjust quickly to their jobs and to working life in
general with the council. It is also designed to encourage a positive attitude between
manager and employee and to create, for the employee, a good foundation for future
development and continuous improvement.
18.3
Induction applies equally to new employees and to those changing jobs either within or
between Services.
18.4
See Model Induction Process on www.westlothian.gov.uk/hr-services under HR Employment
Policies for further information.
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APPENDIX 1
West Lothian
Council
SPECIMEN
JOB OUTLINE
Job outlines must not contain any unjustifiable requirements that may exclude any person from
applying for the job (e.g. stating that the person must be energetic, if this is not a demonstrable skill
required of the job; or requires to have a number of years’ experience).
Post Title:
Post No:
Service:
Area:
Reports to:
Location:
Purpose of the job
Job Scope
Principal Accountabilities/Key Tasks
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Qualifications, Skills, Knowledge
Essential
Desirable
Other Essential Information (e.g. PVG check required or Registration with Scottish Social
Services Council (SSSC) required).
Compiled by (please PRINT name):
Designation:
Date:
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APPENDIX 2
West Lothian
Council
SPECIMEN
PERSON SPECIFICATION
Person Specifications must not contain any unjustifiable requirements that may exclude any person
from applying for the job e.g. stating that the person must be energetic, if this is not a demonstrable
skill required of the job; or requires to have a number of years’ experience.
Post Title:
Grade:
Service:
Area:
Requirements (E = Essential; D = Desirable)
E
Education/Training/Qualifications
Previous Experience (Paid & Voluntary Work)
Skills/Abilities/Knowledge
Personal Qualities (e.g. needs to remain calm in a crisis or needs to have ability to
deal with challenging behaviour)
Other Requirements
Prepared by (PRINT name):
Designation:
Date:
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D
APPENDIX 3
SPECIMEN
ADVERT
Heading
Legal
Title
Location
Salary From
Salary To
Area
Ref No
Job Type
Body
Clerical/Administration Assistant
District Court House, Town Square
£13,554
£16,116
Livingston
214.01
Public Sector
You will provide administrative back up to the District Court. Duties will include
preparing Court papers, collating and recording data and collecting fines and penalties
associated with the Scottish Criminal Justice System.
Numeracy, attention to detail, effective communication skills and the ability to work in
a confidential environment are essential.
24th February 2012
To apply online: www.westlothian.gov.uk
Closing Date
Reply
COMPLIANCE WITH IMMIGRATION, ASYLUM AND NATIONALITY ACT 2006
In accordance with the above Act, preferred candidates are required to confirm that they are eligible to
work in the U.K. External candidates invited for interview will require to bring approved documentation
to the interview as verification of their eligibility. Details will be enclosed with interview letters.
PLUS THE FOLLOWING TWO PARAGRAPHS WHERE APPLICABLE
An PVG check is required for this post.
Having a criminal conviction does not necessarily bar you from gaining employment with West
Lothian Council. To view Disclosure Scotland’s Code of Practice visit
www.disclosurescotland.co.uk
Applicants for this post are required to be registered with
Scottish Social Services Council (SSSC)
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This post will be not be
advertised in the bulletin,
until a check has been
carried out against the
redeployment list and it has
been confirmed that there
are no suitable candidates.
West Lothian
Council
VACANCY AUTHORISATION FORM
Section 1 – Basic Post Details
Post Title:
Post Number:
Service Area:
Location:
Unit:
Cost Centre:
Current Salary Grade/Wage Rate:
Employment Status ( as appropriate):
Hours Per Week:
Perm
Fixed-term
Weeks Per Year:
Supply
End Date (if applicable):
Reason for Request ( as appropriate):
Established post fallen vacant:
Newly Created Post:
Existing Post undergone material change:
Increase in Establishment:
Has the post been graded?
YES
NO
If post is new or an increase in current establishment and it has NOT been graded, you must follow the
Grading Assessment Process before progressing to advertising stage.
For further information log on to MyToolkit under Managers’ Toolkit
Section 2 – Vacancy Authorisation
Previous Postholder:
Date Post became Vacant:
Reason for Leaving:
Enclosures ( if e-mailed to Recruitment)
Job Description:
Person Spec:
Does the post require a PVG Disclosure Scotland check?
Work with Children (please tick)
YES
NO
Work with Adults (please tick)
Does the post require applicants to be registered with Scottish Social
Services Council (SSSC)?
Advertising ( as appropriate):
Advert:
Internal only
YES
NO
Internal & External
Please justify an external advert:
External Media publications (all external posts placed on Internet):
Contact Officer’s Name (PRINT):
Contact No:
Head of Service Authorisation
Name (PRINT):
Signature:
Date:
Chief Executive Authorisation for POSTS BAND I AND ABOVE
Signature:
Date:
Completed form to be returned to:
HR Support Team, West Lothian Civic Centre, Howden South Road, Livingston EH54 6FF
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West Lothian
Council
ADVICE NOTES FOR INTERVIEW/APPOINTMENT PROCESS


Interview panel to:
Screen applications forms
Comply with guaranteed job interview scheme - if you have any disabled candidates (coded 1000) who
meet the essential criteria they must be offered an interview.
Fully complete ‘Interview Arrangements’ proforma
Fax/post/Email completed proforma to HR Administration

HR Administration will
Process interviews and regret letters/emails


Posts requiring a PVG DISCLOSURE SCOTLAND check

If your post requires a PVG this will ONLY be completed for your successful candidate after interview.
COMPLIANCE WITH IMMIGRATION, ASYLUM AND NATIONALITY ACT 2006
For identification purposes, all external candidates must bring to the interview, approved documentation
confirming their eligibility to work in the U.K. (see attached for details)








Chair of Interview Panel responsible for:
Checking Section B1 of Application forms to confirm if internal or external candidates
Verifying:
- external candidates’ authority to work in U.K. (see requirement details attached)
- that all candidates’ original qualification(s) certificate(s) match those required for the post
- that relevant professional registers have been checked where required (see Section 13 of the
Recruitment & Selection Procedure for clarification)
Procedure following interview:
Chair of interview panel to ensure that the following is sent to HR Administration:
- completed ‘Appointment Proforma’
- photocopy of original qualification(s) certificate(s) and professional registration documents
- copy of original documents, properly signed and dated, confirming successful applicant is eligible
to work in U.K. (see attached) together with ‘Right to Work Checklist’.
NOTE: Appointments will NOT be processed until all required documents are received.
HR Administration will:
Carry out appropriate checks
Send conditional offer letter to successful candidate, and regret letters to those unsuccessful
Email candidate with Occupational Health link for them to complete pre employment medical.
Email references, as they arrive, to the assigned contact number on the appointment proforma
On completion of all checks, pass application pack to support team who will confirm the appointment
and send out a Statement of Particulars
DATA LABEL: INTERNAL ONLY
COMPLIANCE WITH IMMIGRATION, ASYLUM AND NATIONALITY ACT 2006
CHECKING ELIGIBILITY TO WORK IN THE UK
Under Section 15-25 of the Act, it is a criminal offence to employ anyone aged 16 or over who is subject to
immigration control unless the person has the necessary documentation. External applicants are required to
prove their eligibility to work in the U.K. and MUST provide acceptable documents in the required
combinations as listed below.
It is the Chair of interview panel’s responsibility to confirm that applicants are eligible.
LIST A
The individual should provide one of the documents or combinations of documents in List A or List B below
as proof that they have the right to work in the UK:

A passport showing the holder, or a person named in the passport as the child of the holder, is a British
citizen or a citizen of the UK and Colonies having the right of abode in the UK

A passport or national identity card showing that the holder, or a person named in the passport as the
child of the holder, is a national of a European Economic Area (EEA) country or Switzerland

A registration certificate or document certifying permanent residence issued by the Home Office to a
national of an EEA country or Switzerland

A permanent residence card issued by the Home Office to the family member of a national of an EEA
country or Switzerland

A current Biometric Residence Permit issued by the Home Office to the holder indicating that the named
person is allowed to stay indefinitely in the UK, or has no time limit on their stay in the UK

A current passport endorsed to show that the holder is exempt from immigration control, is allowed to
stay indefinitely in the UK, has the right of abode in the UK, or has no time limit on their stay in the UK

A current Immigration Status Document issued by the Home Office to the holder with an endorsement
indicating that the named person is allowed to stay indefinitely in the UK or has no time limit on their stay
in the UK together with an official document issued by a previous employer or Government agency with
the person’s name and permanent National Insurance number (a recent payslip, P45, P46, National
Insurance card, or letter from a Government agency)

A full birth or adoption certificate issued in the UK which includes the name(s) of at least one of the
holder’s parents or adoptive parents together with an official document issued by a previous employer or
Government agency with the person’s name and permanent National Insurance number (a recent payslip,
P45, P46, National Insurance card, or letter from a Government agency)

A birth or adoption certificate issued in the Channel Islands, the Isle of Man or Ireland together with an
official document issued by a previous employer or Government agency with the person’s name and
permanent National Insurance number (a recent payslip, P45, P46, National Insurance card, or letter from
a Government agency)

A certificate of registration or naturalisation as a British citizen together with an official document issued
by a previous employer or Government agency with the person’s name and permanent National
Insurance number (a recent payslip, P45, P46, National Insurance card, or letter from a Government
agency)
Ignore the List B if applicant provides one of the above
DATA LABEL: PUBLIC
17
LIST B
GROUP 1 – Documents where a time-limited statutory excuse lasts until the expiry date of leave:

A current passport or other travel document endorsed to show that the holder is allowed to stay in the UK
and is currently allowed to do the type of work in question.

A current Biometric Residence Permit issued by the Home Office to the holder which indicates that the
named person can currently stay in the UK and is allowed to do the type of work in question.

A current Residence Card (including an Accession Residence Card or a Derivative Residence Card)
issued by the Home Office to a non EEA national who is a family member of a national of an EEA country
or Switzerland or who has a derivative right of residence.

A current Immigration Status Document containing a photograph issued by the Home Office to the holder
with a valid endorsement indicating that the named person may stay in the UK, and is allowed to do the
type of work in question, together with an official document giving the person’s permanent National
Insurance number and their name issued by a Government agency or a previous employer.
GROUP 2 – Documents where a time-limited statutory excuse lasts for 6 months:

A certificate of Application, which is less than 6 months old, issued by the Home Office under regulation
17(3) or 18A(2) of the Immigration (EEA) Regulations 2006 to a family member of a national of an EEA
country or Switzerland stating that the holder is permitted to take employment together with a Positive
Verification Notice from the Home Office Employer Checking Service.

An Application Registration Card (ARC) issued by the Home Office stating that the holder is permitted to
take the employment in question together with a Positive Verification Notice from the Home Office
Employment Checking Service.

A Positive Verification Notice issued by the Home Office Employer Checking Service to the employer or
prospective employer, which indicates that the named person may stay in the UK and is permitted to do
the work in question.
STUDENTS
Students from outside the EEA are allowed to take limited employment in the UK, providing their conditions
on entry to the UK allow this.
Those studying here who have entered the UK as ‘student visitors’ are not allowed to work.
There are strict conditions on the type of work students can carry out and the hours they can work while they
are studying in the UK. See Asylum and Immigration, Preventing Illegal Working – Manager’s Guide on
Mytoolkit for further information.
CHECKING DOCUMENTS

Check that documents are included in either List A or List B above;

Check that documents appear to be original and genuine;

Check that any photographs are consistent with the applicant’s appearance;

Check date of birth so that you are satisfied it is consistent with the applicant’s appearance;

Check that the expiry date has not been passed;

Check any UK Government stamps or endorsements to see if the applicant is able to do the type of work
for which they are applying;

If applicant gives two documents with different names, ask for a marriage certificate, divorce document,
deed poll, adoption certificate or statutory declaration that explains the name difference
West Lothian Council will not offer employment to anyone who does not provide appropriate
evidence of his/her eligibility to work in the U.K.
By keeping a record of every document copied, the Immigration Service will be able to examine the council’s
right to defence if they detect anyone working illegally for the council.
Copies of all documents should be sent to HR Administration together with the Right to Work
Checklist, Appointment Proforma and application forms.
NOTE: Failure to return all necessary documentation will delay the recruitment process
DATA LABEL: INTERNAL ONLY
APPENDIX 6
West Lothian
Council
Case Manager’s Name: ______________________
INTERVIEW ARRANGEMENTS
ONCE COMPLETED PLEASE RETURN TO HR ADMIN SUPPORT
WHEN COMPLETE SEND A CONFIRMATION EMAIL TO YOUR HR ADVISER AND TO
hradminsupport@westlothian.gov.uk or drop up to: HR Admin Team, West Lothian Civic
Centre, Howden South Road. Livingston EH54 6FF or fax (01506) 281 475
**KEEP A COPY FOR YOUR OWN INFORMATION**
Post Name:
Post Reference Number:
PVG DISCLOSURE SCOTLAND CHECK
Required for posts working with children or other vulnerable groups.
Does this requirement apply to this post?
YES
NO
COMPLIANCE WITH IMMIGRATION, ASYLUM AND NATIONALITY ACT 2006
All external candidates must bring to the interview, approved documentation confirming their eligibility
to work in the U.K. (see ‘Advice Notes for Interview/Appointment Process’ for full details).
Please ensure that YOU view the original document(s), copy them and write on the copies:
‘original document seen by’, then PRINT your name, sign and date, and return to Recruitment.
Date of Interview:
Location
Full address
Post Code
Interview Panel:
Candidate ID Number
Candidates Names
Interview Time
Special Instructions (e.g. Word Processor test; Psychometric test; presentation etc.)
From:
Date:
DATA LABEL: PROTECT / PRIVATE & CONFIDENTIAL
19
APPENDIX 7
West Lothian
Council
SPECIMEN
INTERVIEW ASSESSMENT SHEET
PLEASE REMEMBER TO COPY QUALIFICATION CERTIFICATE(S) AND ASYLUM DOCUMENTS AS NECESSARY
SERVICE / AREA
POST TITLE
GRADE
CANDIDATE’S NAME
INTERVIEWER
INTERVIEW DATE
Requirements
(E = Essential D= Desirable
E
D
CRITERIA MET
Fully
Partially
ASSESSMENT
Not
Education / Training / Qualifications
Previous Experience
(Paid & Voluntary Work)
DATA LABEL: PROTECT / PRIVATE & CONFIDENTIAL
20
Evidence to Support Assessment
Requirements
(E = Essential D= Desirable
E
D
Criteria Met
Fully
ASSESSMENT
Partially
Not
Evidence to Support Assessment
Skills/ Abilities / Knowledge
Personal Qualities
Other Requirements
Other Relevant Information (e.g. enhanced Disclosure Scotland check required. Registration with Scottish Social Services Council (SSSC) required)
DATA LABEL: PROTECT / PRIVATE & CONFIDENTIAL
21
West Lothian
Council
APPOINTMENT PROFORMA
ADVERTISED POST
As you have advertised your post using Myjobscotland (IGRASP), please complete this form.
INSTRUCTIONS TO HUMAN RESOURCES – (*please tick as appropriate)
Once all pre employment checks are received, you will receive an email from hradminsupport to
enable you to negotiate a start date with your candidate. No payroll paperwork or contracts will be
issued until HR are satisfied all checks are complete for internal and external candidates.
Ref Number
Job Title
Preferred Candidate’s Name:
Suggested Salary: £
Band
SPC
Is the candidate internal or external?
INT
EXT
(if applicable) Has the secondment been agreed with substantive
line manager?
YES
NO
Application form enclosed
YES
NO
Qualifications verified & enclosed if applicable (see notes overleaf )
YES
NO
Letters to unsuccessful candidates required?
YES
NO
Any candidate withdrawals or ‘no shows’ at interview?
YES
NO
References are required – Written/Verbal? (see notes overleaf)
YES
NO
Pre-employment medical check is required
YES
NO
Compliance with Asylum & Immigration for External Candidates
(See notes overleaf)
YES
NO
Name of Substantive Line Manager (if applicable)
(if yes please list in comments box below)
Prepare induction process, create email address, arrange for PC,
arrange for ID badge etc. (Model Induction Checklist Manager)
Any comments specific to the process - Reasons for documents missing etc? (see notes overleaf)
Manager Name (print)
Contact  No:
Signature:
Date:
Completed Form to be Returned to HR Support
West Lothian Civic Centre, Howden South Road, Livingston EH54 6FFor email
recruitment@westlothian.gov.uk
NOTE: Appointments will NOT be processed until all required documents are received.
DATA LABEL: PROTECT / PRIVATE & CONFIDENTIAL
22
Manager Guidance Notes
QUALIFICATIONS
Where specific qualifications are required for the post, interviewees have been asked to bring
their original certificate(s) to the interview for verification. Please ensure that you:

View the original certificate(s), copy them and write on the copies ‘original certificate seen
by’, then PRINT your name, sign and date, and return to HR Support.
COMPLIANCE WITH ASYLUM AND IMMIGRATION ACT 2006
All external candidates must bring to the interview, approved documentation confirming their eligibility
to work in the U.K. (see ‘Advice Notes for Interview/Appointment Process’ for full details).
Please ensure that you view the original document(s), copy them and write on the copies:
‘original document seen by’, then PRINT your name, sign and date, and return to HR Admin.
PVG DISCLOSURE SCOTLAND
Where appropriate, your successful candidate may bring the PVG form to you for verification and will
also bring THREE forms of identification. Please check that the identification matches the
information on the Disclosure Scotland application, complete & sign the verification slip and return
the form and the verification slip to HR Administration. Please note there are two different types of
PVG application forms, existing members and new applicants to PVG
REFERENCES
2 references are required for all external candidates (verbal or written, verbal references must be
recorded and sent to HR) If work reference is not available e.g. candidate has not worked for a
number of years a character reference will suffice along with a covering note explaining reason and
sent to HR. 1 reference is required for internal applicants.
PRE-EMPLOYMENT MEDICAL
All new successful candidates will require a pre- employment health check which must be completed
prior to appointment. HR will contact the successful candidate on receipt of the appointment pro
forma.
(for internal candidates) If the new job has new risks and responsibilities a further pre-employment
medical needs to be completed - HR will contact the successful candidate on receipt of the
appointment pro forma.
POOL CARS
If this post requires access to use of West Lothian Council pool car scheme for business travel,
please refer to the Green Travel Strategy on the Intranent.
EXAMPLES FOR DOCUMENTS MISSING
References e.g. Candidate not worked for a number of years - character reference provided (see
reference guidance notes above)
PVG Disclosure e.g. Current pvg disclosure is valid – expires on 00/00/00.
DATA LABEL: PROTECT / PRIVATE & CONFIDENTIAL
23
APPENDIX 9
West Lothian
Council
Dear Sir/Madam
POST:
NAME:
RESPOND DATE:
The above named has applied for a post with West Lothian Council and has given your name as a
referee. It would be appreciated if you could return your comments by the above respond date.
Please note that this report is not requested in confidence and in accordance with the council’s policy
on Access to Personal files the candidate may view your report if requested.
Thank you for your attention in this matter.
Yours faithfully
DATA LABEL: PROTECT / PRIVATE & CONFIDENTIAL
24
West Lothian
Council
REFERENCE REQUEST
STRICTLY CONFIDENTIAL
Has this reference been discussed with the candidate?
YES
NO
If there is insufficient space in any part of the reference form for you to complete your reference, you
can use an additional page. Please ensure that the page is headed up with the employee’s name and
post applied for, and that you sign and date it and attach to the main section.
Section A to be completed by past or present employer ONLY
Section B to be completed by all other referees (e.g. character/education references)
Please return the completed form to:
DATA LABEL: PROTECT / PRIVATE & CONFIDENTIAL
25
REFERENCE
PAST OR PRESENT EMPLOYER
SECTION A
POST:
NAME:
Tick below as appropriate:
1.
Part-time
Employed as:
Fulltime
Casual
Other posts held:
2.
How long have you known the applicant and in what capacity?
3.
Are there any areas of concern relating to the candidate’s sickness record?
Number of days sick leave the candidate took in the last 12 months:
4.
days
Please give a brief summary of current/previous responsibilities and the applicant’s competence,
specifically in relation to any documented review of their performance:
DATA LABEL: PROTECT / PRIVATE & CONFIDENTIAL
26
5.
Please give evidence of how the applicant has demonstrated skills, knowledge and experience
relevant to the post applied for.
6.
Please indicate any relevant factors/issues regarding the applicant that you feel we should be
made aware of. Please also include any details of the candidate’s disciplinary record that you
consider to be relevant to the post applied for.
PRINT Name:
Designation:
Signed:
Date:
DATA LABEL: PROTECT / PRIVATE & CONFIDENTIAL
27
REFERENCE
NON-EMPLOYER
SECTION B
POST:
NAME:
1.
How long have you known the applicant and in what capacity?
2.
Please give examples of how, in your experience, the applicant would be a suitable candidate for
the post.
3.
Do you know of any reason why the council should not employ this person?
4.
Any additional relevant information.
PRINT Name:
Signed:
Date:
DATA LABEL: PROTECT / PRIVATE & CONFIDENTIAL
28
APPENDIX 10
West Lothian
Council
Education & Cultural Services
APPOINTMENTS
HEAD TEACHERS AND DEPUTE HEAD TEACHERS
POLICY
Author: Andrew Sneddon
Service: Strategic & Customer Information
Revised October 2012
DATA LABEL: PUBLIC
29
West Lothian
Council
Education & Cultural Services
APPOINTMENTS
HEAD TEACHERS AND DEPUTE HEAD TEACHERS
POLICY
CONTENTS
1. Introduction ......................................................................................................... 2
2. Appointment Process And Job/Person Specifications ........................................ 2
3. Application Procedure ......................................................................................... 3
4. Long And Short-Leet Procedure ......................................................................... 3
5. Parent Council Meetings ..................................................................................... 4
6. Appointment Panel Composition ......................................................................... 4
7. Appointment Panel Procedure ............................................................................ 5
8. Assessing A Candidate’s Suitability .................................................................... 6
9. School Management ........................................................................................... 6
10. Curriculum ........................................................................................................... 7
11. Key Factors That Candidates Should Demonstrate ............................................ 7
12. Assessing The Candidates And Taking The Decision..........................................7
13. Communicating The Decision ............................................................................. 8
APPENDIX 1 – EQUALITY AND LEGISLATION .......................................................... 9
APPENDIX 2 - APPROVAL FOR DENOMINATIONAL SCHOOLS...........................
DATA LABEL: PUBLIC
30
West Lothian
Council
Education & Cultural Services
APPOINTMENTS
HEAD TEACHERS AND DEPUTE HEAD TEACHERS
1.
INTRODUCTION
1.1
The Scottish Schools (Parental Involvement) Act 2006 and the Parental Involvement
in Head Teacher and Depute Head Teacher Appointments (Scotland) Regulations
2007 provide for the Parent Council to be involved in the appointment of Head
Teachers and Depute Head Teachers.
1.2
This guidance describes West Lothian Council’s appointment procedure and the role
of the Parent Council in preparation of a short-leet of candidates and on the
appointment panel.
1.3
Where no Parent Council is formed, members of the parent association or parent
members of the parent staff association may be substituted for Parent Council
members.
1.4
It should be noted that when involved in recruitment and selection, the council’s
Code of Conduct stipulates that any kind of relationship, which could affect the ability
to be impartial, must be declared to the Chairperson of the appointments panel. The
Chairperson will decide if it is appropriate to participate in the recruitment and
selection process.
2.
APPOINTMENT PROCESS AND JOB/PERSON SPECIFICATIONS
2.1
The Depute Chief Executive has delegated responsibility for deciding if a vacancy
should be filled on a permanent basis.
2.2
The Depute Chief Executive will consult with the particular school’s Parent Council
on the strategies to be employed to fill a Head Teacher or Depute Head Teacher
Post, and on the job/person specifications. This consultation will cover the advert and
school context and what the Parent Council are looking for in their school leader.
However, this will not apply if the council has a Head Teacher or Depute Head
Teacher currently subject to compulsory transfer who will be redeployed to that post.
2.3
Subject to this consultation, the normal procedure is that permanent post vacancies
are advertised in appropriate publications as determined by the Depute Chief
Executive.
2.4
To ensure consistency of professional standards and practice, and compliance with
equalities legislation, the normal procedure (subject to consultation with the Parent
Council), will be to use:
 a standard job-specification/outline should be prepared (see Appendix 1 of the
Recruitment & Selection Procedure); and
 a person-specification compiled by the Education Development Manager under a
series of headings linked to requirements for headship and reflecting the
DATA LABEL: PUBLIC
31
circumstances of the school, and any existing strengths and weaknesses
identified by HMI or internal reports.
3.
APPLICATION PROCEDURE
Human Resources issue application packs comprising:




Application form;
Job description;
Other relevant information about the job/organisation/school profile etc;
Equal opportunities monitoring form (the statistics will be used to compile a profile
of applicants).
In the case of denominational schools, representatives of the church in whose
interest the school is conducted, must have approved candidates regarding their
religious belief and character. It is the responsibility of applicants to apply for this
approval.
4.
LONG AND SHORT-LEET PROCEDURE
4.1
The appropriate Head of Service, Education Officer and Education Development
Manager screen applications as follows:
 candidates’ experience and expertise in relation to the person specification;
 relevant HMIe Reports regarding candidates’ management and leadership skills;
 conditions for registration by the General Teaching Council (Scotland).
4.2
Long-leet interviews will normally be conducted where there are 4 or more eligible
candidates. Applications are checked against the person specification and those that
meet the essential and most of the desirable criteria are invited for a long-leet
interview. Care must be taken at this stage to avoid discriminatory practice.
4.3
Long-leet interview panels will normally comprise of the Head of Service or Education
Development Manager, Education Officer with responsibility for the particular school,
and an assisting Head Teacher. For Depute Head Teacher Posts, the particular
school’s Head Teacher replaces the assisting Head Teacher.
4.4
Candidates are given the opportunity to visit the school.
4.5
The Long-Leet interview and screening process may, at the discretion of the Head of
Service for Head Teacher posts, and the Head Teacher for Depute Head Teacher
posts, include additional stages designed to assist the assessment of candidates’
suitability. These stages may include: observed discussion with stakeholders at the school
 group exercises involving observed discussion between candidates
 completion of set tasks by candidates
4.6
These additional stages will be arranged to coincide with long-leet interviews, and will
be conducted by those involved in the long-leet interview panels.
5
INVOLVEMENT OF THE PARENT COUNCIL
5.1
The school’s Education Officer (on behalf of the Director of Education & Cultural
Services) will attend a formal meeting of the Parent Council to take account of the
Parent Council’s views prior to finalising a short-leet.
DATA LABEL: PUBLIC
32
5.2
The purpose of the meeting is to discuss the merits of the candidates based on the
long-leet interview and to explain the decisions taken. The full list of applicants will be
made available at the meeting with as much information as necessary to consider the
composition of the short-leet.
5.3
Following assessment against the criteria in the person specification and consultation
with the Parent Council, 3 or in exceptional circumstances 4 candidates will be
invited to short-leet interview. Unsuccessful long-leet candidates are given the
opportunity to receive feedback on their interview performance at the conclusion of
the appointment process, but will be informed that they will not progress to short-leet
interview.
5.4
Where there are fewer than 3 eligible candidates, the Depute Chief Executive may
decide to re-advertise, but will consult with the particular school’s Parent Council
before making this decision.
5.5
Following re-advertisement, if there are fewer than 4 eligible candidates, ALL
candidates will be interviewed and the Parent Council will not be consulted.
6.
PARENT COUNCIL MEETINGS
6.1
Human Resources will advise the Parent Council’s Chairperson of any meeting to be
called regarding selecting candidates for the post of Head Teacher or Depute Head
Teacher.
6.2
The Parent Council must give the Depute Chief Executive advance notice of any
proposed meeting regarding the appointment of a Head Teacher or Depute Head
Teacher. The Director or nominee (normally the school’s Education Officer) is entitled
to attend the meeting and give advice in relation to the appointment.
7
APPOINTMENT PANEL COMPOSITION
7.1
CHAIRPERSON OF INTERVIEW PANEL
Depute Chief Executive (or nominee) – Head Teacher appointment
Head Teacher – Depute Head Teacher appointment
7.2
OTHER PANEL MEMBERS
 Education Officer (or nominee)
 2 elected or appointed members chosen from the nominated pool of trained
elected members. For denominational schools, the Roman Catholic religious
representative is invited to attend as one of the two elected or appointed
members.
 2 parent council members, or other persons duly nominated at a formal Parent
Council meeting.
7.3
A quorum consists of 3 – provided that professional officers, elected or appointed
members and Parent Council representatives are all represented. In exceptional
circumstances an interview may proceed without each category of member being
represented, for example where no Parent Council is formed and no other parental
representation is available, where a member expected to attend cannot attend due to
particular circumstances but authorises the interview to proceed in their absence. In
such circumstances the Chair will decide whether or not to proceed, having regard to
this policy.
7.4
The panel must recommend one candidate for appointment unless it considers that
no one on the short-leet is suitable.
DATA LABEL: PUBLIC
33
8.
APPOINTMENT PANEL PROCEDURE
8.1
Candidate selection is carried out by a panel interview, where candidates can expect
to deliver a short presentation and answer questions.
The panel members meet immediately prior to the interview to:
 Familiarise themselves with candidate information, job description and person
specification
 Agree topics each will take - for example:
Parent Council members may wish to ask questions focused on the
candidate’s approach to maintaining discipline in the school, developing links
with the local community etc.;
Elected members may wish to ask how the candidate will put council values
into the job (e.g. developing a performance culture/good communications
etc.).
 Decide what questions to ask candidates. Questions must:
relate to the job description and the person specification;
be framed so that they are not discriminatory (see Appendix 1 below);
8.2
The same questions should be put to all candidates and, depending on the answers,
supplementary questions can be asked. Sample questions are available from
professional officers.
8.3
Interview preparation helps the interview to flow smoothly, and presents candidates
with a positive image of the panel and the organisation they represent. It also helps:
 the panel to get to know each other so that they feel more comfortable working
together;
 build confidence in panel members who may be anxious as they have little
interviewing experience;
 ensure that panel members are clear about what they are looking for, making it
easier to choose a preferred candidate
 ensure that unfair discriminatory questions are not asked.
8.4
Officers of the council, including officers from Education Services, Human Resources
and Legal Services, will provide training in the interview process.
9.
ASSESSING A CANDIDATE’S SUITABILITY FACTORS TO BE CONSIDERED
9.1
Staff applying for senior management posts in schools should be able to show that
they:
 have led school or cluster working groups or departments successfully;
 have taken opportunities provided by the council to develop their professional
knowledge or skill;
 have shown innovation in their work;
 can manage people well, motivate them to achieve success and handle problems
in a sensible way;
 have a sound and practical grasp of major initiatives and Authority Policy and can
implement these effectively;
 relate well to staff, pupils, parents and the wider community through activities
inside and outwith school;
 have a breadth and depth of experience to bring to bear in the particular
circumstances of the school in question;
DATA LABEL: PUBLIC
34
 know their own strengths and weaknesses, are realistic and optimistic in their
outlook and can handle difficult situations.
9.2
An issue that can arise with Parent Council members at interview panels, is the
tendency to know and express a preference for a candidate from within the school.
Success of a candidate must depend on the criteria relating to the job description and
an evaluation of the current and future management needs of the school.
10
SCHOOL MANAGEMENT ASPECTS OF WHICH CANDIDATES SHOULD BE
AWARE
10.1
Secondary school candidates should be aware of communication issues and have
strategies for supporting departments and monitoring their effectiveness (e.g. through
grouping them and linking each group to a member of the Senior Management
Team).
10.2
Primary school candidates should be aware of supporting staff at different stages, to
plan, implement and monitor classroom work within a whole school framework.
Policies are therefore important as well as a system to ensure all plans are checked,
agreed and evaluated for their success.
10.3
In both sectors the following aspects of school management apply:






Development Planning
Monitoring, Evaluating and promoting Quality – linked to school review
Staff Development and Staff Review
Managing links with other schools, the community and world of work
Managing change and development
Devolved School Management (DSM)
11.
CURRICULUM ASPECTS OF WHICH CANDIDATES SHOULD BE AWARE
11.1
Attainment and National Qualifications.
11.2
The Curriculum (the 3-18 Curriculum for Excellence).
11.3
Equal Opportunities.
11.4
Assessment, recording and reporting achievement
11.5
Pupil Support, including support for learning, pupil guidance and youth strategy.
11.6
Nursery/Primary and Primary/Secondary liaison
11.7
School evaluation
12.
KEY FACTORS THAT CANDIDATES SHOULD DEMONSTRATE
12.1
Promoting effective learning and teaching and achievement for pupils of all abilities.
12.2
Involving parents and the work of the school and Authority in the education of their
children.
13.
ASSESSING THE CANDIDATES AND TAKING THE DECISION
13.1
To help panel members keep a record of their impressions of each candidate an
assessment checklist can be used. These can be drawn up for the panel by
Education staff based on sections 9, 10 and 11 above.
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13.2
Candidates are not assessed against each other, they are assessed against the
criteria in the person specification. Standard procedure for making the final decision
is that the Chairperson gives his/her assessment of the candidates against the
selection criteria, and in turn, invites each member of the panel to do likewise. Panel
members are not asked to state their preference at this stage - they are given an
opportunity to comment on the assessments of their fellow panel members, and a
period of debate will take place. The Chairperson will then invite each panel member
to, independently, state his/her preference. Withdrawal of some panel members to
consider as a group is not permitted.
13.3
Appointment will be made by majority decision. The Chairperson has a casting vote
in the case of equality of votes.
13.4
To guard against unfair discrimination, a record of how the decision was reached
should be kept using the assessment checklists, selection notes etc. If an
unsuccessful candidate challenges the decision, evidence is available to show that
the decision is fair.
14.
COMMUNICATING THE DECISION
14.1
Head Teacher appointments – the Education officer advises the successful
candidate, usually on the same day as the interview.
14.2
Depute Head Teacher appointments – the interview panel Chairperson (Head
Teacher) advises the successful candidate.
14.3
References are taken up for the successful candidate at this stage, as validation of
the successful candidate, and registration with the Protecting Vulnerable Groups
scheme checked. Pre-employment health screening will be undertaken in line with
the Council’s Recruitment and Selection policy. The offer of employment will be
conditional on the outcome of pre-employment checks.
14.3
On acceptance of the offer, feedback is available to the unsuccessful candidates.
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APPENDIX 1
EQUALITY AND LEGISLATION
1.
West Lothian Council is committed to promoting equality of opportunity.
2.
Selection is based on fitness or suitability of the person to perform the duties
expressed or implied in the contract. Interviewees must ensure that candidates are
not discarded on criteria unrelated to the requirements of the job.
3.
Discrimination can be described as direct or indirect:
 Direct discrimination occurs when two individuals are treated differently in the
same or not materially different circumstances.
 Indirect discrimination occurs when an unjustifiable requirement or condition is
applied equally when it is likely to favour one of the two individuals concerned
(e.g. all qualifying experience must be in Britain).
4.
All appointments must be made in line with the Equalities Act 2010, which brought
together and extended existing equalities legislation. The Act introduced protected
characteristics for which discrimination is unlawful.
The protected characteristics are: age,
 disability,
 gender reassignment,
 marriage and civil partnership,
 pregnancy and maternity,
 race,
 religion or belief (including lack of belief),
 sex and
 sexual orientation.
The Rehabilitation of Offenders Act 1974, makes it unlawful, to refuse employment
on the basis of spent convictions. A conviction of less than thirty months
imprisonment may become rehabilitated if the offender commits no further serious
offence during the rehabilitation period. The rehabilitation periods vary with
sentences imposed and the age of the offender. Exemption from the Act includes
those in a profession where there is substantial unsupervised access to children. All
teaching and most nonteaching posts in schools are therefore exempt and applicants
may legitimately be asked to declare any relevant spent convictions.
The Trade Union Reform and Employment Rights Act 1993 (TURER) makes it
automatically unfair to dismiss a woman on the grounds of pregnancy. From the first
day of employment, women have a statutory right to maternity leave and to return to
work after the birth.
The Trade Union and Labour Relations (Consolidation Act) 1992 makes it unlawful to
discriminate on the grounds of union membership - subject to the provisions of any
union membership.
The strategy of the European Community has been to ensure freedom of movement
of workers within the community. This requires that law and practice in member
states does not discriminate against non-nationals by the use of quotas, ring fencing
and the like and that there is 'mutual recognition of vocational qualifications'. There
are, for example, specific articles and directives covering:
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



freedom of movement of workers;
right to set up businesses in member states;
specific qualifications – especially the medical profession;
recognition of professional and vocational training of three years or more.
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APPENDIX 2
APPOINTMENT OF TEACHERS – DENOMINATIONAL SCHOOLS
1.
According to the Education (Scotland) Act 1980, any teacher appointed to any post
on the staff of a denominational school by the education authority shall be required to
be approved as regards religious belief and character by representatives of the
church or denominational body in whose interest the school has been conducted.
2.
In West Lothian, denominational schools are conducted in the interest of the Roman
Catholic Church.
3.
Accordingly, all applicants for teaching posts at Roman Catholic Schools within West
Lothian shall be required to hold approval (or be eligible for approval) to teach in a
Roman Catholic School from the Archdiocese of St Andrews and Edinburgh.
Note – the above is required for all temporary posts of over 4 weeks in duration.
4.
It is the applicant’s responsibility to apply for this approval. Applications for approval
should be made promptly by the applicant and forms are available on-line at:www.sces.uk.com/approval.html
5.
No appointment to a teaching post at a Roman Catholic School within West Lothian
shall be processed until approval has been confirmed by the Head Teacher or in the
case of a Head Teacher appointment, the Education Officer.
6.
Fresh approval must be sought for each post that a teacher applies for whether
promoted, acting, transfer or moving from a temporary to a permanent contract.
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Customers with Special Requirements
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APPENDIX 11
West Lothian
Council
Education & Cultural Services
COMPULSORY TRANSFER OF TEACHERS
POLICY
Author: Andrew Sneddon
Service: Strategic Customer and Information
Revised May 2008
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West Lothian
Council
Education & Cultural Services
COMPULSORY TRANSFER OF TEACHERS
POLICY
CONTENTS
1.
INTRODUCTION ....................................................................................................................... 43
2.
GENERAL CONDITIONS AND PROCEDURE ......................................................................... 43
Maternity leave ……………………………………………………………………………............…44
Reckonable Service………………………………………………………………….............………44
3.
OPERATIONAL TIMESCALE AND INFORMATION FOR TRADE UNIONS ........................... 46
Primary Sector …………………………………………………………………………............…….46
Secondary Sector …………………………………………………………………………...............46
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West Lothian
Council
Education & Cultural Services
COMPULSORY TRANSFER OF TEACHERS
1.
INTRODUCTION
The quality of teaching staff is a fundamental component of a high quality education service.
Devolved School Management enables Head Teachers to deploy staff flexibly within their
schools, and to take account of strengths and weaknesses in assigning roles to individual
members of staff.
Examples of this may include:

Working in support for learning

Team teaching

Curriculum development

Work in ICT
Arrangements are in place to ensure that staff are accountable for the remits assigned to
them through:
2.

Line management arrangements

Continuous professional development and review

Absence management

GTCs competencies
GENERAL CONDITIONS AND PROCEDURE
The needs of the service are paramount when selecting teachers for transfer.
2.2
West Lothian Council teachers have a contractual liability to transfer from one Education
establishment to another. Voluntary transfers will be sought whenever possible and every
effort will be made to minimise the number of transfers against teachers’ wishes. Volunteers
are required to make a firm commitment and will be treated in the same way as compulsory
transferees.
2.3
When considering teachers for compulsory transfer, regard will be taken of:

the needs of the school;

the suitability of teachers for known vacancies;

teachers’ personal circumstances; and where appropriate

the teacher’s length of service with the council (not the particular school).
When considering redeployments, due regard will be given to the distance of travel required
and travel services available.
All teachers should be treated equally, regardless of status. Where ‘last in, first out’ is not to
apply, the Head Teacher will identify the reasons for the decision.
2.4
For compulsory transfers, previous continuous service with the former Lothian Region Council
and West Lothian Council will be taken into account as follows:
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Maternity leave
a) Maternity leave counts as teaching service in full. Provided teachers return to work
during the period when the statutory right of return applies, the period between the end of
maternity leave and return to work counts as teaching service in full.
Reckonable Service
b) A break in service, for reasons other than disciplinary, will be recognised for a maximum
period of seven years. Teaching service occurring before a break of seven years or less
is credited in full. Previous service for breaks of more than seven years is NOT
recognised.
c) For more than one break in service, breaks are aggregated up to a maximum of seven
years. Provided the aggregate of breaks is less than seven years, all periods of
intervening teaching service is credited in full.
Where breaks total more than seven years, credit is only given for the service
accumulated between the breaks totalling to no more than seven years in the period
immediately preceding the return to work.
2.4.1
The aggregate of teaching service arrived at under (b) or (c) above is used to determine if
teachers are eligible for compulsory transfer under the ‘last in, first out’ principle.
2.4.2
In the Secondary Sector, the application of the ‘last in, first out’ principle depends on the
overall staffing requirements of the particular department of the new school, not of the whole
school.
2.4.3
Where two or more teachers have equal service with the council, consideration will be given
to the criteria specified in para 2.3 of the procedures, and full consultation will take place with
the teachers concerned prior to a final decision.
2.4.4
Teachers should be given the opportunity to be accompanied by a trade union representative
or other person of their choice at meetings to discuss compulsory transfers. However, such
attendances will be the exception rather than the rule.
2.4.5
Teachers dissatisfied with the decision can raise the matter in accordance with the formal
grievance procedure.
2.5
Teachers will be transferred to fill permanent posts. They will not (unless by mutual
agreement) be transferred to cover absences arising from secondments, maternity leave or
other periods of absence.
2.6
Teachers:

who, by the end of February are known to be pregnant, will not be placed on the transfer
list;

who make known their pregnancy between the end of February and 31 May, will not
normally be asked to transfer;

who declare their pregnancy after 31 May will not be granted exemption from the annual
transfer arrangements (see paragraph 3 below).
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2.7
Teachers on maternity leave will be reminded of their right of return to the same school.
2.8
Teachers on maternity leave:

who return to duty before 31 May are not exempt from selection for transfer in the
following session;

who confirm their return to duty after 31 May, but before the end of the school session,
are not exempt from transfer since this would satisfy teachers’ right to return to the same
school.
2.7.1
Head Teachers should ensure that teachers on maternity leave, who are nominated for
transfer, are formally contacted and that the normal compulsory transfer procedures are
applied.
2.8
Transferees’ right to return to their original school, should an appropriate vacancy arise,
remains for one year after transfer. It is the teacher’s responsibility to make such a request.
However, any special circumstances relating to the curriculum needs of the pupils must be
taken into account.
2.9
The Service will make every effort to minimise the number of re-transfers in a short timescale.
2.9.1
Primary sector teachers will not be transferred in successive sessions.
2.9.2
Secondary sector teachers will not be transferred in successive sessions except where not
doing so would involve transferring a promoted member of staff.
2.10
All transferees have the right to information about vacancies.
2.11
The date of transfer will normally be notified one month in advance - earlier if possible. There
may be occasion when it is in the interest of the individual to transfer more quickly.
2.12
Posts, including promoted posts, will only be filled by redeployment if a suitable teacher
nominated for compulsory transfer is available. Teachers will NOT be transferred to posts of
a higher grade than that which they presently hold.
2.13
The holder of a promoted post who is compulsorily transferred will be entitled to conservation
of salary but not to conservation of grade of post.
2.14
Additional home to work travelling expenses incurred by a transferred teacher [including
voluntary transfer – see Paragraph 2.2] will be reimbursed in accordance with the terms of
Appendix B (2) Paragraph 1 of the Scheme of Salaries and Conditions of Service.
2.15
It is important that appropriate arrangements are made within schools to welcome compulsory
transferees when they visit a school prior to transfer.
2.16
It is important to recognise the positive aspects of the transfer scheme, as it provides
opportunities for staff to broaden their experience. Head Teachers should make every effort
to ensure that transferees do not feel that they have failed in some way.
2.17
Teachers will be reminded that if they remain dissatisfied with their placement, that they have
the right of appeal under the Grievance Procedure.
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3.
OPERATIONAL TIMESCALE AND INFORMATION FOR TRADE UNIONS
3.1
For operational reasons, procedural timescales for staff transfers differ in the primary and
secondary sectors. Planned timescales are produced annually and copies sent to Head
Teachers and the appropriate teacher union secretaries. Timescales for staff transfer in
special education are issued as and when required.
3.2
The Service will inform the appropriate teacher unions about possible staffing levels as early
as possible. This information will be available following analysis of staffing returns and will be
tentative until discussions about requirements have been held with Head Teachers, and the
council confirms budget provisions.
3.3
After determining their staffing allocation, Head Teachers will meet with staff and trade union
representatives, at the earliest opportunity, to discuss their decision regarding any staffing
reductions required within their school’s complement. Full information on how their decision
was made will be provided.
3.4
Primary Sector
3.4.1
A group meeting will be held of staff identified for transfer. Representatives of the trade
unions will be invited to these meetings.
3.4.2
Following on from the group meetings, individual interviews will be held to consider teachers’
wishes in relation to available posts.
3.5
Secondary Sector
3.5.1
Compulsory transfer of teachers should be a rare occurrence, brought about mainly by
significant change, e.g. school closure, change in catchment area etc.
3.5.2
Where the demand for a subject drops, every effort should be made to redeploy teachers
creatively in their own school.
3.5.3
Where a potential compulsory transfer arises, the council and secondary Head Teachers’
group should be advised at the earliest possible opportunity.
3.5.4
Secondary Head Teachers will share the information and suggest solutions, where possible,
on the understanding that the teacher will return to his/her original school after one year – in
accordance with paragraph 2.8 above.
3.5.5
The issue will only be referred for action by Human Resources, when Head Teachers have
not succeeded in recommending a solution.
3.6
The Service will provide the teacher unions with regular progress reports about the transfer
arrangements.
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