Providing training courses to apprentices doesn’t make all employees eligible for DBS checks

We’ve recently been involved in a case where a training provider offering vocational and online courses to apprentices was requesting an enhanced Disclosure and Barring Service (DBS) check for an individual being employed as an account manager. The primary role of the account manager was to liaise with the training company’s current partners and to […]

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University doing ineligible checks for lecturing posts

We’ve recently worked on a case where a university had stated in a job description for a ‘Lecturer in Criminology’ role that: “The successful applicant will have to undergo a DBS check before an appointment can be made.” Unfortunately, it didn’t specify what level of check. When we asked, they said that they’d be carrying […]

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Organisations need to make it clear if they want applicants to disclose

We’ve recently been involved in a case where a student’s union was considering taking disciplinary action against one of its new trustees for failing to disclose their conviction. The trustee concerned had an unspent conviction at the time of their election to the board. After extensive research she had satisfied herself that her offence would […]

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Ineligible check leads to DBS considering adding employee to adult’s and children’s barred list

We’ve recently been involved in a case where a local council has, by their own admission, carried out an ineligible enhanced Disclosure and Barring Service check which has resulted in an individual being considered for inclusion on the adult and children’s barred lists. The individual concerned had been working for the council for many years […]

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The problem with doing blanket enhanced DBS checks on all employees

We’ve recently been involved in a case where a refrigeration/air-conditioning company were looking to carry out enhanced Disclosure and Barring Service checks on all their service engineers irrespective of where they would be working. The company concerned had just bought out another company and had taken on several new contracts. They had transferred over existing […]

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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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Could my company be at risk of indirect discrimination if…?

…it automatically excludes people with criminal convictions? This is the question we asked law firm Freshfields Bruckhaus Deringer LLP to explore, in light of the disproportionate representation of BAME groups throughout the criminal justice system. Their answer, in short, was yes – there are “no substantive legal obstacles (intrinsic in the legislation) to BAME job […]

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Are you keen to recruit people with a criminal record and looking for help in finding applicants?

If the answer’s yes, this page should help, but make sure you’ve done two things first: Before you start encouraging applications, make sure you’ve developed a policy towards applicants with a criminal record. Each time you recruit, make sure you look at your approach to criminal records and make sure you’re doing everything right; we […]

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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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