Recruitment background checks
Updated to reflect that the global business mobility visa has been introduced, effective from 11 April 2022.
The arrival of the Global Talent Visa has not attracted much attention because the Covid pandemic has seen international travel significantly curtailed. But as lockdown eases, and, hopefully, the crisis diminishes elsewhere in the world, businesses should take note of this flexible route to attracting much-needed skills. Kathryn Bradbury and Richard Milford explain why.
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.
Updated to reflect that the UK left the EU.
A model policy on recruiting people to work with children and/or vulnerable adults, in compliance with safeguarding requirements.
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.
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.
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.
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.
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.
HR and legal information and guidance relating to recruitment background checks.