Criminal Records Checks - Are They Lawful?
As far as I'm aware, CRB checks - Standard and Enhanced Disclosures, can only be issued in certain circumstances. This would include, for example, those working with children and vulnerable adults, foster carers, particular professions such as accountancy etc.
Thing is, and it's not the first time, I see an organisation insisting on a CRB check (this time the AA) for employees.
I have been through the categories (on the CRB's website) of those kinds of position which allow for a CRB check to be done, yet can find no indication that a car breakdown call centre operator can be lawfully checked via disclosure of their criminal record.
What's the position, then? Is the above scenario lawful? And if not, what remedy is available if a disclosure is unlawfully issued?
I have had dealings with the CRB, and know what they are like (pretty bad), but it seems there is a lot of blatant law flouting going on. Am I wrong about something here, or are employers and the CRB routinely breaking the law?
CRB
Samsmoot, you are correct those working with children and vulnerable adults are people who are to face a CRB check, and if the AA insist on putting an application forward, it will rejected by the police and passed back. They have guidelines that they have to follow and working in a call centre with general information wouold not qualify. They can access something called a police background check, which will cost £10 and is very basic. The only time it is unlawful is if they fabricate a story of whythey need to get the CRB check.
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CRB Check
The purpose of the CRB check as you have identified is to offer greater protection to children and vulnerable adults. It is an absolute requirement therefore for certain types of employment. However, where you are working with children or vulnerable adults, such checks may also be carried out. By ‘working with’, it is not necessary that you actually come into contact with them. There is a list on the CRB website of types of employment where checks are mandatory and types where you are eligible, i.e. its not mandatory but its down to your employer to conduct a risk assessment and determine whether or not they wish to CRB check certain types of employees.
I think checks probably are being carried out in certain circumstances where not entirely necessary, but it is now a criminal offence to employ someone who has not been CRB checked in circumstances where it is a requirement. Employers are therefore being overly cautious, probably due to a lack of knowledge.
I understand that a CRB check will also show spent convictions but under the rehabilitation of offenders act, once convictions are spent, you are entitled to state at interview that you do not have a criminal record. An employer should not take into account spent convictions in determining whether or not you should be offered a role, other than in certain prescribed circumstances, e.g. working with children. Changes to the rehabilitation of offenders act are also in the final stages which, if they go ahead, will serve to introduce new ‘buffer periods’ and change the current rehabilitation periods.
You are only likely to have a remedy if you are denied a job on the basis you decline to agree to a CRB check which is not a mandatory requirement. I am unsure what type of course of action you would have or whether you would be successful if the employer could justify why they have this policy.
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