Criminal Records Checks In Employment

Criminal record checks can be a useful and sometimes necessary way of checking the suitability of an employee for a particular role. However, employers must be careful that they are not exceeding the boundaries of what they are permitted to request and are complying with their data protection obligations. This Inbrief covers how employers can carry out criminal record checks on prospective or existing employees, and the limitations on what they can do.

Why might an employer want to undertake background checks?

Employers often want to check the suitability of candidates applying for a role - particularly where that role is senior or involves a high degree of trust. Even for more junior roles, employers may well want to undertake some background checks, such as seeking references and checking qualifications. It is a way of protecting the business, its clients and employees by checking that the potential recruit has provided accurate information and does not pose a