Your resident labour market
test, part four: the
July 6, 2018
Part four of your guide to a compliant resident labour market test.
So far we have examined the basic elements which make up a compliant resident labour market test (RLMT) and looked in detail at what your advertisements need to contain as well as where they should be placed.
We now turn our attention to the recruitment process, ensuring compliance from the first day of advertising through to choosing the right candidate.
So, you have drafted and posted two compliant job advertisements with a minimum running time of 28 days, BUT your duties as a Tier 2 sponsor licence holder do not stop there.
It is important to make sure that you adhere to the following pointers throughout the 28-day advertising period:
- You must take a screenshot of both advertisements on the first day of online listing. If the website clearly shows the date the vacancy was first advertised, the screenshot can be taken at any point during the period the vacancy is advertised.
- You should use these screenshots to make a PDF copy of each advertisement to keep on file. The PDFshould clearly show the date upon which the advertisement was first published on a particular website, the website URL and full advert details.
- No amendments should be made to the advertisements throughout the time they are running (any changes may compromise the whole RLMT).
- Neither advertisement should be taken down before its stated closing date.
Considering the applicants
When considering the applicants who respond to your advertisements, it is important to remember that a fair and objective recruitment process which identifies the applicant best suited to the role is central to a compliant RLMT.
When seeking to recruit an overseas worker in conjunction with an RLMT, remember that:
- you have a duty to review all applicants for the role
- any candidates who meet the skills and requirements listed in the job advertisement must be offered an interview
- you cannot refuse to employ an applicant on the basis that they have not met criteria which were not displayed in the job adverT
- the successful candidate must meet the criteria displayed by the role advertisement and you must be able to prove this to a Home Office official, and
- the successful candidate must have an employment contract which begins after the stated advertisement period has ended.
This recruitment process is pivotal and you must be able to justify your decision-making to the Home Office. The best way to ensure you can do this is by way of record-keeping, but we will move on to this in part five of this guide.
Please contact us if you have any questions regarding the information presented by this guide.
See also: your guide to a compliant resident labour market test.
Part 2 – Where to advertise