Recruiting and managing staff
Overview
This guide provides general information but you must ensure that you meet employment law and equality legislation (Equality Act 2010) as well as childcare legislation. You are advised to seek expert advice as needed.
Two useful resources are:
Employing People - A-Z of Government advice to employing people including contracts, dismissing staff and redundancies, health and safety, payroll, pensions, recruiting, leave and time off, trade unions and worker's rights.
ACAS gives employees and employers free, impartial advice on workplace rights, rules and best practice. They also offer training and help to resolve disputes.
Qualifications and ratios
The Statutory Framework for the Early Years Foundation Stage sets out the qualification and ratio requirements for those looking after children from birth to the 31st August after their 5th birthday.
You can find the requirements for the Childcare Register Requirements on GOV.UK.
Check qualifications digitally on GOV.UK to see if a person's qualifications allow them to be included as qualified in staff: child ratios.
See also the EYFS staff:child ratios - DfE approved qualifications on GOV.UK.
The Department for Education has released the following guidance relating to early years:
Health and safety of staff
Employers have a general duty under section 2 of the Health and Safety at Work Act (1974) to ensure, so far as is reasonably practicable, the health, safety and welfare of their employees at work. This guidance will support organisations to write a policy that enables them to meet their duty: HSE health, safety and welfare guidance [PDF 107KB] Employers also are required by law, to display the HSE law poster
Further information available from the HSE website.
Recruiting safely
All those responsible for recruiting new staff to your setting must be fully aware of employment law and national safer recruitment guidance. To become more confident in the skills and knowledge required to safely and fairly recruit new staff members to your setting, we would advise you complete the free Children's Safeguarding Assurance Partnership (CSAP) e-learning course on safer recruitment or the NSPCC safer recruitment e-learning training.
Pre-employment checks, staff suitability and disqualification
The Disclosure and Barring Service (DBS) helps employers make safer recruitment decisions and prevents unsuitable people from working with vulnerable groups, including children. DBS checks must be completed on all employees and volunteers, usually prior to them starting work with you.
If your potential volunteer or employee has spent time living outside the UK as an adult you can check what to do on GOV.UK.
Anyone who is part of the 'registered person' must have their suitability (including a DBS check) checked by Ofsted, government guidance is available: childminders and childcare providers: register with Ofsted on GOV.UK.
Find an umbrella body (on GOV.UK) who can do DBS checks for staff and volunteers on your behalf (childminders must undertake DBS checks on staff through Ofsted and cannot use an umbrella body).
The Ofsted Factsheet - Disclosure and Barring Service (DBS) checks: childcare providers sets out Ofsted's expectations including around agency staff and volunteers.
References should be requested and given in line with the EYFS - see this reference template.
Once employed you should undertake a thorough Induction with them. Our Bitesize training videos could be ideal for new staff, and the Induction Toolkit can support you provide a highly effective Induction. The toolkit can be purchased from our publications section.
Additional information for childminders
The other information within this webpage applies to recruiting childminder assistants or other childminders but you must also consider:
Employing additional adults and/or increasing the number of children cared for may require planning permission. You will need to check with your local council.
You must follow the guidance on GOV.UK for informing Ofsted of any new adults in the home, including employees, so that Ofsted can check their suitability. This includes how to obtain DBS checks.
Recruiting an apprentice
If you're thinking about recruiting an apprentice, there is detailed information on the following link:
Get detailed information on GOV.UK Apprenticeships
How to take on an apprentice on GOV.UK
Right to work in the UK
You have a legal duty to check that a job applicant is allowed to work in the UK before you employ them. You can find information about checking a job applicant's right to work on GOV.UK.
Financial information
National Minimum Wage
Ensure you keep up to date with the National Minimum Wage. You can find out more about the National Minimum Wage on ACAS.
The National Minimum Wage is a minimum amount per hour that most workers in the UK are entitled to be paid and this includes apprentices. Please check that you are paying your staff correctly.
Pension information
Government advice for employers on providing a workplace pension scheme Set up and manage a workplace pension scheme on GOV.UK.
You can also view the Department for Work and Pensions guidance.
Performance management
Regular supervision and an annual appraisal are key tools for performance management and undertaking supervision is a requirement for settings on the Early Years Register.
Instant Access training, Developing Effective Systems for Appraisal and Supervision Training can be booked from the courses link k on the Early Years Support and Training page.
The 'Supervision for Leaders of Early Years Settings' publication has been created to be used as a resource for managers to support the development and effectiveness of their leadership skills. It can be purchased from our publications for sale page.
Disciplinary and grievances
See the government guidance on resignations, dismissals, disciplinaries and redundancy.
The ACAS Code of Practice on Discipline and Grievance provides basic practical guidance to employers, employees and their representatives and sets out principles for handling disciplinary and grievance situations in the workplace.
Disciplinary situations include misconduct and/or poor performance.
Grievances are concerns, problems or complaints that employees raise with their employers.
ACAS provide advice, resources, training and a telephone helpline (08457 474747) to support employers and employees in key areas of employment law and best practice.
Allegations and disqualification
Some applicants could be disqualified from working with children or may become disqualified whilst they are working for you. Find out about your responsibilities around this on GOV.UK.
Find out how an individual might apply for a waiver of their disqualification on GOV.UK.
If you become concerned about an adult's behaviour or suitability you should take advice from the Local Authority Designated Officer (LADO).
Promoting working with children
Here are some useful resources for promoting working with children.
Do something BIG, work with small children - early years recruitment campaign
The Department for Education’s early years and childcare recruitment campaign aims to raise the profile of the sector and showcase the important contribution made by early years professionals. The campaign will point people to a the early years careers website which includes information on the opportunities out there to build a fulfilling career in nurseries, pre-schools or as a childminder.
You can support the campaign locally by using the dropbox of campaign assets to amplify the campaign across your networks and tag all social posts with #DoSomethingBig.
For help and support from the government's early years careers helpline, visit the government's early years campaign website.
Young people engagement toolkit
The NDNA Young People Engagement Toolkit supports settings in working with young people to encourage their interest in working with children.
Do you know anyone interested in childminding?
We have a comprehensive package of support available, find everything you need to know on our becoming a childminder page.
Early years career progression map
The Department for Education (DfE) has worked with an expert reference group to develop an early years careers progression map. It is a tool for staff to plan their careers and for those interested in working in the sector to see the range of jobs and opportunities on offer.
See the pathway into early years education on GOV.UK.
First five years count
A suite of resources from the NDNA that you can use to promote working with children.
Men in childcare
PACEY and MITEY (Men in The Early Years) have joined forces to challenge perceptions about childcare roles and promote the opportunities that are available to men.