Options for Criminal Information on a DBS Check
The major reason why employers request for Disclosure and Barring Service checks is to confirm that the candidates they are considering are fit for the available positions. DBS only provides the results after carrying out the relevant checks, and it is then up to the employer to decide what to do with the disclosed records.
What should you do with the results?
On accessing the information on the DBS certificate, the employer should make a fair judgment in deciding whether to recruit or dismiss the candidate. It is not illegal to hire a person with a record of criminal activities. However, the employing organization may reject an application if the results confirm past involvement in major criminal activities like murder and sexual offenses among others.
Applicants who will be working in regulated activities are required to be taken through Enhanced Disclosure with Barred List checks. Employers are prohibited by law from hiring such individuals if they are listed in either the children’s or adults’ barred lists. This means that the applicants are not allowed to work closely with children or adults considered to be vulnerable.
Can the results be discussed?
If the DBS check reveals criminal information, the employer should consider discussing the records with the applicant. This is an important move in getting a better picture of the events that took place, and the employer will now be in a better position to make an informed decision. However, this may not be necessary for results that are considered irrelevant to the available position.
On deciding to hire the applicant, the employer is expected to keep the disclosure check results confidential, and these can only be discussed with third parties under the employee’s consent. This is pretty important since discussing such details can lead to discrimination in the workplace.
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