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We’ve recently worked on a case where an individual had a job offer withdrawn following an ineligible check being undertaken by an employer.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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Poor application form for a job in social care at a local authority

The question below appeared on the application form for a job in social care at a local authority. What’s wrong with the above? It’s long and confusing. At the beginning, the phrase ‘unspent’ is used, despite the role involving a level of check that will disclose spent convictions too. It’s inaccurate. It states that applicants […]

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Poor application form for a job at a waste disposal company

The question below appeared on the application form for a job at a waste disposal company. What’s wrong with the wording above? It’s not clear. The role is ‘covered by the ROA’ – this means that the applicant doesn’t have to disclose spent convictions. This isn’t made clear in the question. It’s misleading. The use […]

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Be clear what level of check you’re doing

As an employer, it’s not only important that you do the correct level of criminal record check, but it’s also important you communicate that you’re doing the right level. This is something that Morrisons found out when there was a news article where they were ‘slammed for snooping on job applicants’. The article starts off by […]

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