Having found the right person through interviews, it is time to make a formal job offer. This should be communicated through an offer letter that includes the key features of the role, such as job title and salary. If the application and interview process raised any points of negotiation, these points should also be clarified in the letter, together with any conditions to which the offer is subject.

Because you could be found guilty of a criminal offence if you employ someone who does not have the right to work in the UK, you should always make it a condition of any job that the successful applicant, having been offered the job, can prove they have the right to work (usually by showing you their passport or biometric residence permit). Other conditions commonly applied are the job being accepting by a date, satisfactory references from former employers and, if appropriate, a criminal records check (see “Criminal record checks: dos and don’ts” on the next page).

The core elements of the agreement between you and the successful applicant – the contractual terms of employment – can also be set out in the offer letter. However, it is better (especially for more senior roles) to set these out in a separate employment contract to which the offer letter refers. Any non-contractual perks of the role, such as employee discounts, are best kept separate from the employment contract.

Employment contracts, whether set out in an offer letter or in a separate contract of employment, must include some compulsory terms that are prescribed by the Employment Rights Act. These include normal workings hours, normal place of work, holiday entitlement and sick pay arrangements.

Successful applicants should be given a probationary period so that you can assess their performance and suitability for the role over a defined period of time. To enhance the success rate of this period, the new employee should be given objectives to which their performance can be monitored against with feedback provided. It is wise to reserve the option of extending a probationary period, should this be necessary.