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Ask Employment Law |
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Remember: There is no substitute for legal advice on the actual
situation you find yourself in. The information posted on this site is for
general information only, is based on |
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Question: |
Can employers vet new
employees? |
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Answer: |
In theory, the answer is yes. However guidance on the Data
Protection Act states that vetting of prospective employees should be
proportionate – ie not more than necessary in the circumstances. For example
vetting your Head of Security is likely to be rather more extensive than
vetting your receptionist. The Code says: ·
Only
use vetting where there are particular and significant risk to the employer,
clients and others and where there is no less intrusive and reasonably
practicable alternative. ·
Comprehensive
vetting should only be carried out on a successful candidate. ·
Give
the applicant an opportunity to make representations if any of the checks
produce discrepancies (ie the University says that Jane Smith never studied
here, but it turns out her name then was Jane Jones) ·
The
employer must destroy information obtained by a vetting exercise as soon
as possible, or in any case within 6 months. A record of the result of
vetting can be retained. ·
Once
the employer has decided to employ, it should delete information irrelevant
to the on-going employment. ·
The
employer should delete information about criminal convictions collected
during the recruitment process once it has been verified through the Criminal
Records Bureau unless its relevant to the continuing relationship. See also our page on personal
data Last reviewed: July 2010. |
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Employment
Solicitor Reculver Solicitors Tel
0207 324 6271 Regulated
by the Solicitors Regulation Authority ©
Reculver Solicitors. 2005- |
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