Recruitment law on criminal record checks

In addition to right to work checks, you may also need to conduct a criminal record check, previously known as a CRB check, but now referred to as a Disclosure and Barring Service (DBS) check. A DBS check is a check of someone’s criminal record that is typically required if a person will be working in healthcare, childcare or other regulated activities. However, the level of check required will depend on the job role to be undertaken.

For recruits who will be working with children or vulnerable groups, such as the elderly or disabled, you would need to conduct either an enhanced DBS check or an enhanced check with barred lists. An enhanced check will show both unspent and spent convictions and cautions, plus any information held by local police considered relevant to the role, whilst an enhanced check with barred lists will also show if an applicant is on the list of those barred from doing the role in question. You will be breaking the law if you knowingly employ someone to work with vulnerable groups from whom they are barred from working with.

Equally, you may need to conduct a standard check for legal or financial sector job roles, for example, to rule out any history of either fraud or financial misconduct for an accountant or lawyer. This check will reveal details of both unspent and spent convictions and cautions, as well as reprimands and warnings, as held on the Police National Computer.

However, you can conduct a basic DBS check on all new recruits, regardless of their job role, although you must have in place a policy on employing ex-offenders to show to any applicant who asks for it. This is because, under the code of practice published under the Police Act 1997, employers must treat applicants with a criminal record fairly, and must not discriminate automatically because of a conviction or any other information revealed. A basic check will show any unspent convictions and conditional cautions.

To help meet the workplace policy requirement, the DBS has produced a sample policy statement that can be found online. This can be used or adapted for this purpose, where your completed policy statement can also be included within any equal opportunities policy.