Confusion over filtering legislation and taking into account an old caution

We’ve recently been involved in a case where an employer suspended an individual from his teaching position as a result of the alleged non-disclosure of a caution he’d received 9 years ago. Following the introduction of new legislation in May 2013, the individual’s caution was eligible to be filtered from standard and enhanced Disclosure and […]

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Ineligible check for a HGV driver role

We’ve recently worked on a case where an individual had been asked by his employer to have an enhanced DBS check. The individual had worked for the company for 13 years and when he initially applied for the job he had not been asked about his criminal record nor had any formal criminal record checks […]

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Misleading question for a volunteer role

Whilst working on a case we came across an application form for a volunteer role at a regional care provider that involved volunteers in its work. We identified a misleading question under their “Disclosure of criminal convictions” section. The question was in connection with an enhanced DBS check and stated: “Have you ever been convicted […]

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Employer does a standard Disclosure and Barring Service check for an unregulated role

We’ve recently worked on a case where an individual had a job offer withdrawn following an ineligible check being undertaken by an employer. The job involved selling IT systems to financial institutions and in his offer of employment the company stated that: “The company is not regulated by the FCA although a majority of the […]

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National trades directory changes policy on criminal record checks

We were contacted by an individual who had applied to register his business on a directory of recommended and trusted tradespeople. He had been asked to provide the company with a copy of either his basic criminal record (from Disclosure Scotland) or his police record (via a subject access request). A subject access request provides […]

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Zero tolerance approach to DBS checks?

We were recently contacted by an individual who had applied for an assessor role in health and social care. The individual disclosed their conviction to the employer on the application form and at interview and was told that, as their conviction was historical, it would not present a problem. At a second interview, the company […]

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Confusion over filtering legislation and DBS checks for accountants

We were contacted by an individual who was looking to become a member of the Association of Chartered Certified Accountants (ACCA) and had been asked to complete a declaration form which contained the following wording: “I confirm that I have now read the notes section and: I have not been subject to any criminal conviction […]

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