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The key areas of law affecting recruitment and selection include discrimination, the right to work in the UK, criminal records checks and data protection. When recruiting staff, employers should understand and keep up to date with their legal obligations, making sure their recruitment and selection procedures comply with the law. Here you’ll find a collection of resources on how you can safely recruit within the law.
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CIPD members can access research and academic resources from publications provider EBSCO. Find out more
Guides
Guides
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Employers’ legal guide to post-Brexit immigration
Practical guidance on navigating the UK’s new points-based system for HR and employers
Guides
Access the guide
Pre-employment checks: guidance for organisations
Highlighting the key checks carried out during the recruitment process and explaining the risks and practical considerations to be taken into account when offering employment
Factsheets
Factsheets
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Employing overseas workers in the UK
Learn about recruiting overseas workers, the categories of non-UK nationals able to enter and work in the UK, and the legal framework involved
Q&As
Q and As
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Recruitment and selection Q&As
Answers to commonly asked questions on the legal issues relating to recruitment and selection
Q and As
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References Q&As
Commonly asked questions on the legal and practical issues relating to providing and receiving references
Case law
Case law
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Case law on discrimination in recruitment
Selected cases on discrimination during the recruitment process
Case law
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Case law on providing references
Selected cases on providing references for former employees
Reports
Reports
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A practical immigration system for post-Brexit Britain
Ahead of new migration restrictions in 2021, the CIPD presents a number of key policy recommendations
Reports
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Tackling post-Brexit labour and skills shortages
This report explores the challenges employers are facing in filling vacancies, the role EU nationals are playing in the workforce, and makes policy recommendations that work across all sectors
Reports
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The state of migration: employing migrant workers
Find out how and why organisations are employing migrant workers and which aspects of immigration and discrimination law apply to the recruitment process