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Essential points 

  • Recruitment is one of the fastest‑evolving areas of the people profession. Legal risks are increasing, from the growing use of AI in finding and streaming job candidates, to expanded employee rights under the Employment Rights Act 2025 (ERA), including the upcoming reduction in length of service from 2 years to six months for unfair dismissal claims. More than ever, people professionals need to ensure robust and well‑documented pre-employment and probation processes are applied in their organisations.
  • The following law page covers matters such as AI in recruitment, plus legal considerations around job adverts, occupational requirements and positive action. As well as legal considerations for the job interview, vetting, right to work checks, asking for and supplying references, and probation periods.

Content

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Disclaimer 

​Please note: While every care has been taken in compiling this content, CIPD cannot be held responsible for any errors or omissions. These notes are not intended to be a substitute for specific legal advice. 

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  • Guide

    Right to work checks: Guide for people professionals

    This guide provides practical advice on carrying out key checks during recruitment to ensure an employee has the right to work, what visa considerations to make and practical aspects to consider when offering employment

    For Members
    • Employment law