Following the recent announcements on the extension of CRB (Criminal Records Bureau) checks for people involved in the care of children there has been a marked increase in the number of companies requesting CRB checks on their employees.  The increase identified by Credit Check Services does not really relate to those working with children, the increase is most pronounced for general areas of employment.

Credit Check Services also found that 1 in 3 employers requesting CRB checks did not know what level of CRB check would apply to the employment role, in part this is due to the lack of clarity provided on how much information a company is permitted to use for employment screening.

For example, there are currently three levels of CRB checks that can be carried out, these are termed “basic”, “standard” and “enhanced”.  The basic CRB check provides details of any criminal convictions that are determined as “unspent”.  The standard CRB check provides additional details of “spent” criminal convictions along with and police cautions or reprimands.  The enhanced check takes this one step further to provide additional information relating to adult and children’s registers and relevant information recorded by Government bodies.

The Rehabilitation of Offenders Act 1974 provides an opportunity for those with “spent” convictions to gain employment without having their previous criminal record being taken into account.  However as some types of employment are considered sensitive legislation was passed producing an “exceptions order” listing types of employment where an employer is permitted to see information on convictions as provided for in the “standard” CRB check. 

So why is this so important?  Well consider a situation where an employer does not know what level of CRB check is appropriate, consequently using the “standard” CRB check to screen an applicant and rejecting them for a role due to a “spent” conviction.  If the employment role did not come under the “exceptions order” then the employer may be breaking the law by discriminating unfairly against the applicant.

It is fundamental for all employers to ensure that “appropriate” employment screening is applied to selection processes, failure to do so could result in potential litigation for discrimination.

If you would like to know more about employment screening, including criminal record checks, call Credit Check Services on 01992 719 234