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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Recruitment of Former Employees Policy

1. Purpose

The purpose of this Recruitment of Former Employees Policy is to outline clear and transparent procedures regarding the recruitment, re-employment, or re-engagement of former employees and temporary workers within {{org_field_name}}. Former employees may bring valuable skills, knowledge, and organisational understanding; however, it is essential that all reappointments comply fully with legal, regulatory, and professional standards. This policy ensures that all former employees, including registered nurses, healthcare assistants, and support workers returning to {{org_field_name}} under zero-hours, casual, or temporary arrangements, are subject to the same robust recruitment and vetting processes as new applicants. The policy also safeguards clients, service users, and the reputation of {{org_field_name}} by addressing situations where re-employment may not be appropriate due to prior conduct, performance, or safeguarding concerns. This policy is consistent with the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, the Equality Act 2010, the Rehabilitation of Offenders Act 1974, the Care Act 2014, and the CQC Fundamental Standards.

2. Scope

This policy applies to:

• All former employees or temporary workers of {{org_field_name}} seeking re-employment or re-engagement
• All roles within {{org_field_name}}, including registered nurses, healthcare assistants, support workers, and office-based staff
• All directors and administrative staff involved in recruitment and selection processes
• Situations where former workers reapply after voluntary resignation, dismissal, redundancy, or the natural ending of a temporary contract

This policy applies regardless of the time elapsed since the former employment ended.

3. Related Policies

• Recruitment and Selection Policy
• Pre-Employment Screening and Vetting Policy
• Disciplinary Policy
• Safeguarding Adults and Children Policy
• Whistleblowing Policy
• Fitness to Work and Occupational Health Policy
• Code of Conduct for Temporary Workers
• Equality, Diversity, and Inclusion Policy

4. Principles

{{org_field_name}} is committed to:

• Ensuring fairness, equality, and non-discrimination in the recruitment of former employees
• Applying the same recruitment and vetting procedures for former employees as for new applicants
• Carefully considering former conduct, performance, and suitability during the selection process
• Ensuring safe and effective service delivery by appointing only those who meet the required standards of conduct, competence, and integrity
• Complying with all relevant legislation, regulatory requirements, and best practice

5. Eligibility for Re-Employment

Former employees are eligible to apply for roles at {{org_field_name}} provided:

• There are no safeguarding, disciplinary, or performance concerns that would preclude reappointment
• The individual meets all pre-employment screening and vetting criteria
• Any outstanding contractual obligations or restrictions (e.g., non-compete clauses) have expired or are not applicable
• The role for which they are applying is suitable based on their skills, qualifications, and experience

6. Pre-Employment Checks for Former Employees

All former employees must undergo the full recruitment process regardless of their previous employment status, including:

• Completion of a new application form
• Attendance at interview (formal or informal depending on role)
• Enhanced Disclosure and Barring Service (DBS) check with adult barred list check
• Verification of identity and right to work in the UK
• Updated employment references (including a reference from {{org_field_name}} where applicable)
• Verification of professional registration (e.g., NMC for nurses)
• Review of previous employment history and reasons for leaving {{org_field_name}}
• Occupational health screening, where applicable
• Updated mandatory training where required

No appointment will be confirmed until all required checks are completed satisfactorily.

7. Consideration of Former Conduct and Performance

The director will:

• Review the former employee’s personnel file and records including any disciplinary proceedings, complaints, or safeguarding referrals
• Consider previous performance appraisals, training compliance, and attendance records
• Assess whether concerns raised during previous employment impact suitability for re-engagement
• Consider whether the applicant left employment during or following an ongoing disciplinary, safeguarding, or performance management process
• Consult with safeguarding authorities if the applicant was previously subject to safeguarding referrals, DBS referrals, or regulatory body concerns

8. Cases Where Re-Employment May Not Be Appropriate

Re-employment will not be approved where:

• The applicant was dismissed for gross misconduct
• The applicant resigned during an ongoing investigation relating to safeguarding, misconduct, or serious performance concerns
• There are unresolved safeguarding concerns or pending investigations
• The applicant has been barred from regulated activity under the Disclosure and Barring Service (DBS)
• The applicant is removed or suspended from the NMC register (if applicable)

In borderline cases, the director may:

• Seek legal advice
• Consult with the safeguarding adults board or other relevant agencies
• Carry out a formal risk assessment and document the rationale for the decision made

9. Break in Service and Training Requirements

Where a former employee has had a break in service:

• Less than 6 months: May only require refresher training if records are up to date
• Between 6–24 months: Will be required to complete core mandatory training again
• Over 24 months: Will be treated as a new starter and complete full induction and mandatory training

The director will assess individual cases and determine appropriate training requirements based on regulatory and client requirements.

10. Re-Employment Following Retirement

Former employees who return to work after retirement:

• Must meet the same screening, vetting, and training requirements as any other applicant
• Must be fit to work in accordance with the Fitness to Work and Occupational Health Policy
• May be subject to reasonable adjustments in line with the Equality Act 2010 if applicable
• Must comply fully with all agency and client policies

11. Temporary Workers Re-Applying as Permanent or Office-Based Staff

Where former temporary workers apply for permanent roles within {{org_field_name}}:

• The same recruitment and vetting standards apply
• Prior performance as a temporary worker will be considered during the selection process
• Previous concerns, complaints, or disciplinary actions will be reviewed

12. Equal Opportunities

{{org_field_name}} will:

• Treat all applications from former employees fairly and consistently
• Apply the Equality Act 2010 throughout the recruitment and vetting process
• Ensure that past protected characteristics (e.g., disability, age, gender, race) do not influence re-employment decisions unlawfully
• Make reasonable adjustments where applicable to support returning staff

13. Director’s Responsibilities

As {{org_field_name}} does not have a registered manager, the director will:

• Oversee all recruitment of former employees
• Review previous employment records thoroughly
• Make final decisions regarding the suitability of former employees for re-employment
• Ensure all relevant checks are completed and recorded before any offer of employment is made
• Document all decisions clearly and transparently, particularly where concerns are identified
• Liaise with client organisations where appropriate if the former employee was previously deployed to client placements

14. Record Keeping

The director will:

• Retain all documentation relating to the recruitment and assessment of former employees securely
• Record decisions made regarding suitability and rationale where necessary
• Ensure that recruitment records are retained in line with the Data Protection Act 2018 and GDPR
• Provide access to records for inspection by CQC or other relevant authorities if requested

15. Training and Supervision

All former employees returning to {{org_field_name}} will:

• Complete appropriate induction or refresher training depending on the length of absence and role
• Participate in supervision and appraisal processes as outlined in the Supervision and Appraisal Policy
• Undertake additional training where gaps are identified during the recruitment process

The director will:

• Ensure all returning staff are supported in re-engagement through structured supervision and development
• Monitor performance during the early stages of re-employment
• Address concerns promptly and proportionately

16. Continuous Improvement

The director will:

• Review this policy annually or sooner if legislative or regulatory changes occur
• Monitor trends regarding applications from former employees
• Use feedback, incident reviews, and complaints to improve recruitment practices

17. Policy Review

This policy will be reviewed annually by the director of {{org_field_name}} or sooner if required due to changes in law, guidance, or internal learning.

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Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.