Recruitment background checks

New and updated

• Date:

  28 January 2021

  Type:

  Podcasts and webinars

  Webinar: End of the Brexit transition period - what does this mean for HR?

  Huw Cooke talks about how to ensure compliance with the new immigration rules and considers what other employment issues might arise out of Brexit. He also looks at the impact of Brexit on existing employment law derived from the EU, as well as how future EU employment directives and case law may affect UK law.

• Type:

  Quick reference

  Countries in the European Economic Area

  Updated to reflect that the UK left the EU.

• Type:

  Policies and procedures

  Recruitment of people who have criminal record policy

  A model policy on recruitment of people with a criminal record, which deals with jobs covered by the Rehabilitation of Offenders Act 1974, jobs that are exempt from the Rehabilitation of Offenders Act 1974 and Disclosure and Barring Service (DBS) checks.

• Type:

  Policies and procedures

  Safeguarding: Recruiting people to work with children and/or vulnerable adults policy

  A model policy on recruiting people to work with children and/or vulnerable adults, in compliance with safeguarding requirements.

• Type:

  Employment law cases

  Right to work: Employer wrong to rely on checking service

  In Badara v Pulse Healthcare Ltd, the Employment Appeal Tribunal held that the employer should not have relied solely on negative Home Office checks when it dismissed the employee for failing to provide right to work documentation.

• Type:

  Employment law cases

  Criminal record checks: "Multiple convictions rule" breaches human rights

  In R (on the application of P) v Secretary of State for the Home Department and other appeals, the Supreme Court held that the criminal record checks rule requiring disclosure where a person has more than one conviction, regardless of the circumstances of the offences, is incompatible with the European Convention on Human Rights.

• Type:

  Tasks

  Check a job applicant's eligibility to work in the UK

• Type:

  Tasks

  Carry out checks on the immigration status of TUPE transferred employees

• Type:

  Employment law cases

  Pilot who provided fake reference from Star Wars villain ordered to repay training costs

  In Francis-McGann v West Atlantic UK Ltd, the employment tribunal ordered a pilot to repay £4,725 in training costs after it emerged that he provided a fake reference using the name of a character from Star Wars.

• Type:

  Employment law cases

  Criminal records: disclosure of acquittal did not breach job applicant's human rights

  In R (on the application of AR) v Chief Constable of Greater Manchester Police and another, the Supreme Court held that, although the disclosure of the appellant's acquittal for rape was an interference with his human rights, it was justified. However, the Court expressed concern at the lack of guidance for employers on how to deal with disclosures of serious criminal charges that result in acquittals.