Recruitment background checks

New and updated

• Type:

  FAQs

  Are there any risks attached to asking job candidates about the number of days' sickness absence they have had in the past year?

• Type:

  FAQs

  Can an employer withdraw a job offer on receipt of a poor reference?

• Date:

  8 September 2009

  Type:

  Employment law cases

  Pre-employment medical questionnaire: Employee had not made fraudulent or negligent misrepresentations about her health before appointment

  In Cheltenham Borough Council v Laird [2009] IRLR 621 HC, the High Court dismissed claims that a former employee had fraudulently or negligently failed to disclose information about her health in a pre-employment questionnaire. She had answered the questions accurately and truthfully, and as a reasonable lay person with her medical history would have answered them.

• Type:

  FAQs

  Must a transferee check the immigration status of employees who transfer to it under TUPE or can it rely on the transferor's right to work checks?

• Type:

  FAQs

  Where a pregnant employee's job involves heavy lifting and there is no lighter work available for them to do, can the employer insist that they start their maternity leave early?

• Type:

  FAQs

  Can a candidate be rejected on the basis of an unspent conviction?

• Type:

  FAQs

  Is it permissible to employ an asylum seeker?

• Type:

  FAQs

  Can an employer refuse to employ a foreign national because of the effort involved in ensuring that they have a right to work in the UK?

• Type:

  FAQs

  Does an employer have the right to insist on medical checks for all new employees?

• Type:

  FAQs

  Can an employer refuse to employ a candidate with a spent conviction?