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Managers Guidance

RECRUITMENT:

Talentlink User Guidance: Changes effective as of 1 July 2025

As a user of Talentlink and we need to make you aware of two very important pieces of legislation which will affect the timelines for your recruitment processes. Please be aware that both points noted below are a legal requirement, not just best practice.

The Legislation

  1. Changes to the PVG/Disclosure process under The Disclosure (Scotland) Act 2020

  2. With immediate effect PVG membership is a legal requirement for all employees who work in a regulated role with children and/or protected adults.

  3. ‘Day One’ Obligations under the Employment Rights Regulations 2018

  4. Under the above Act, employers are obligated to provide employees with a contract of employment on or before their first day of employment.

How is this going to affect your recruitment process?

  • When recruiting for a position classed as a regulated role it is essential that the successful applicant has a PVG for Moray Council, for the appropriate protected group, in place before they commence employment. You will be required to input the PVG certificate details into the NOA. Failure to do this will result in the NOA not being processed. There will be changes made to the NOA form on the Employee Portal in due course to enable you to enter the PVG information.
  • It is essential that the completed and authorised NOA is submitted to HR before the employee commences employment in order that the NOA can be processed and the contract issued on time.

How will this affect the recruitment timelines?

Your recruitment process will need to accommodate the following:

  • The PVG application
    • Disclosure Scotland aim to process application within 14 calendar days.
    • Under the new Act, applicants will receive the PVG certificate and they will then have 10 days from receipt to share the details with the employer. During this period they also have the option to appeal the contents of the certificate if they so wish.
  • The NOA
    • The NOA must be completed fully and accurately (i.e. with method of approval, right to work checks, PVG certificate details where appropriate, etc) and submitted to HR as soon as possible but it must be prior to the employee commencing employment.

How will this affect making an offer of employment?

  • Any offers of employment for regulated roles must be made subject to a satisfactory PVG check.
  • The start date must be agreed with the applicant taking into account the application period for a PVG, if appropriate, and the time required to complete and submit the NOA.

How will this affect advertisements on myjobscotland?

  • If the position you are advertising is a ‘regulated role’ you must include the following text in your advert:

This post is considered to be a ‘Regulated Role’ under the Disclosure (Scotland) Act 2020. Under the Act it is a legal requirement for an individual undertaking a regulated role with children or protected adults to be a member of the Protecting Vulnerable Groups (PVG) scheme.

Therefore the successful candidate will be required to join the PVG Scheme or undergo a PVG Scheme Update check prior to any formal offer of employment being made by Moray Council.

  • If the position you are advertising states on the job description that a Disclosure Scotland check is required you must include the following text in your advert:

Under the Disclosure (Scotland) Act 2020, the successful candidate will be required to undertake a Disclosure Check.

Recruitment of Agency Staff

If you are engaging Agency staff who will undertake a role which requires PVG membership, it is your responsibility to check with the Agency providing the staff member that a PVG is in place. Failure to do so could place the council at risk. Whilst you will not have access the individual’s PVG record as we are not their employer, you must take reasonable steps to ensure that the provisions are in place when making your arrangements with the Agency i.e. this requirement should be noted in any request to the Agency and should be checked with the Agency when a member of staff is discussed so that you can satisfy yourself that the necessary provisions are in place.

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