Criminal Records Checks - Are They Lawful?

[samsmoot]

Just wondering if anyone knows anything about when employers are allowed to ask for a criminal records check.

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?
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[Curlyben]

Re: Criminal Records Checks - Are They Lawful?

I assume you mean a call operator, basically taking members details etc.

Can't see anything on the full list, here: Eligible Posts
, unless they are thinking cat code 49

An individual designated under section 2 of the Traffic Management Act 2004

I must admit I always wondered just how far back they do go.
Under UK law a conviction can be considered spent after a certain amount of time: Your rights - How a Conviction becomes Spent


Now if they are spent would they appear on a CRB check ??
(sorry to hijack there)

[samsmoot]

Re: Criminal Records Checks - Are They Lawful?

'An individual designated under section 2 of the Traffic Management Act 2004' has powers you wouldn't expect call centre staff to have, from what I can gather from the legislation. I think it would take a stretch of the imagination to believe the two are connected, but it's the best fit I can find as well, Curlyben.

As regards spent convictions, unless things have changed recently, an 'Enhanced' disclosure tells everything from day zero, and may contain current police 'intelligence' on the subject.

[Paule]

Re: Criminal Records Checks - Are They Lawful?

Now if they are spent would they appear on a CRB check ??
(sorry to hijack there)

Well thats another argument

Police ordered to delete old records of one-time cautions | Pinsent Masons LLP

Four English police forces have been ordered to delete criminal records because they have been kept for too long. The forces are appealing the decision to the Information Tribunal.