Criminal record checks | Recruitment background checks | Recruitment | Employment law cases | HR Tools

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

Date:: 31 January 2019

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.

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

Date:: 8 August 2018

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.

Criminal record checks: filtering process is inadequate

Date:: 25 April 2016

The High Court has upheld a challenge by way of judicial review to the present criminal record checks scheme, finding that the relevant statutory provisions are incompatible with the European Convention of Human Rights. Ryan Stringer sets out the implications of the decision for employers.

Unlawful for criminal record checks to disclose all minor offences

Date:: 25 June 2014

The Supreme Court has held that the requirement in criminal record checks to disclose all convictions and cautions, including those given for minor offences and crimes committed as a child, breaches the European Convention on Human Rights.

Tribunal claim of new recruit who doctored personal details to appear 10 years younger

Date:: 21 May 2013

This tribunal case is an example of a situation dreaded by recruiters: finding out that a recruit lied on his or her CV.

Criminal record checks: "spent" convictions law breaches European Convention on Human Rights

Date:: 30 January 2013

The Court of Appeal has held that the system for the disclosure of individuals' criminal records to employers breaches the European Convention on Human Rights.

Employment law cases

All items: Criminal record checks

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

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

Criminal record checks: filtering process is inadequate

Unlawful for criminal record checks to disclose all minor offences

Tribunal claim of new recruit who doctored personal details to appear 10 years younger

Criminal record checks: "spent" convictions law breaches European Convention on Human Rights

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