Topics

Criminal record checks

New and updated

  • Type:
    Employment law manual

    Job applicants with convictions

    Updated to include information about the Government's proposals to reform the rules on rehabilitation periods, announced on 16 September 2020.

  • Type:
    Policies and documents

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

    Updated to reflect that the Government has made draft Regulations to amend the DBS filtering rules relating to youth cautions and multiple convictions.

  • Type:
    Policies and documents

    Policy on recruitment of ex-offenders

    Updated to reflect that the Government has made draft Regulations to amend the DBS filtering rules relating to youth cautions and multiple convictions.

  • Date:
    10 July 2020
    Type:
    News

    Proposal to erase minor convictions from criminal record checks

    Any person with more than one minor conviction or youth conviction will no longer be required to disclose them to their employer under legislation proposed by the government.

  • Date:
    9 August 2019
    Type:
    Commentary and analysis

    Rehabilitation periods: Changes on the horizon

    The Government has announced significant reforms to the law on spent convictions and rehabilitation periods. If the proposals go ahead, fewer convictions will have to be revealed to employers and there will be more cases in which they will be unable to refuse employment because of a job applicant's past convictions.

  • Date:
    26 July 2019
    Type:
    Commentary and analysis

    July 2019 employment law announcements: Key proposals for HR

    July 2019 saw progress made on an unusual number of proposed employment law changes. The Government published consultations covering workplace sexual harassment, statutory sick pay, family-friendly leave and pay, flexibility in working hours, modern slavery statements, and enforcement of worker rights. It also made announcements on changes to the laws on rehabilitation periods for offenders, settlement agreements, and protection against redundancy during pregnancy and maternity leave.

  • Date:
    10 May 2019
    Type:
    Commentary and analysis

    How to navigate managers regime, GDPR and criminal records checks

    There are major data privacy implications of criminal records checks made necessary by the Senior Managers and Certification Regime, an issue that will affect about 50,000 firms in the financial services sector from 9 December 2019 onwards. Solicitors David Palmer and David Lorimer examine how compliance and HR teams can help meet businesses' obligations under both the GDPR and SMCR.

  • Date:
    31 January 2019
    Type:
    Law reports

    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.

  • Date:
    8 August 2018
    Type:
    Law reports

    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.

  • Type:
    FAQs

    Can employers carry out criminal records checks under the General Data Protection Regulation (GDPR)?