Recruitment background checks

New and updated

• Employing foreign nationals

  Type:

  Employment law manual

  Updated to include a reference to the Government's announcement about a pilot scheme for non-EU migrants to work in seasonal agricultural labour.

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

  Date:

  5 September 2018

  Type:

  Law reports

  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.

• Recruitment: financial services

  Type:

  Employment law manual

  Updated to include information on the FCA's proposal to introduce a new public directory of individuals working in financial services.

• Job applicants with convictions

  Type:

  Employment law manual

  Updated to include information on R (on the application of AR) v Chief Constable of Greater Manchester Police and another, in which the Supreme Court considered if the disclosure of a job applicant's acquittal for rape in an enhanced criminal records check was a breach of his human rights.

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

  Date:

  8 August 2018

  Type:

  Law reports

  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.

• Discrimination arising from disability: Withdrawal of job offer after reference highlighting absences

  Date:

  2 August 2018

  Type:

  Law reports

  In South Warwickshire NHS Foundation Trust v Lee and others, the Employment Appeal Tribunal (EAT) held that a decision to withdraw a job offer that was at least partially influenced by a reference that focused on the applicant's sickness absence levels was discriminatory.

• Tier 2 visas: foreign worker cap still being hit despite medical staff exemption

  Date:

  1 August 2018

  Type:

  News

  The number of skilled foreign workers applying for visas under the Tier 2 system is still outstripping the number of visas available, despite doctors and nurses being removed from the restriction last month.

• Recruitment and selection: health (England and Wales)

  Type:

  Employment law manual

  Updated to include information on the NHS streamlining programme.

• Documentation acceptable as proof of right to work in the UK - indefinite right to work in the UK (list A)

  Type:

  Quick reference

  Updated to reflect changes to document requirements due to the lifting of restrictions on Croatian nationals' right to work in the UK, with effect from 1 July 2018.

• Countries in the European Economic Area

  Type:

  Quick reference

  Updated to reflect that the restrictions on employing Croatian workers in the UK are lifted, with effect from 1 July 2018.