The Supreme Court has held that the requirement to disclose all criminal convictions and cautions as part of a criminal records check irrespective of their relevance breaches the right to respect for private life under Article 8 of the European Convention on Human Rights.
The Employment Appeal Tribunal has held that an employer did not fail to make a reasonable adjustment when it refused to waive the requirement for a disabled employee applying for an internal vacancy to participate in a competitive interview process.
Looking up information on social media is starting to become a standard part of the background checks which employers run on prospective job candidates, or even on existing employees. This briefing, the last in a three-part series on social media, looks at whether such checks: can be used as a basis for rejecting a job candidate; infringe an employee’s data protection rights or privacy; or permit an employer to dismiss an employee.
The Employment Appeal Tribunal has upheld the strike out of a direct disability discrimination claim where there was no evidence to indicate that the employer had any knowledge, or could be imputed with knowledge, of an individual’s disability.
The Employment Appeal Tribunal has held that an employer acted unreasonably when it used a series of competency tests, which it normally used in its recruitment process, to select staff for redundancy.
The Court of Appeal has held that the blanket disclosure of convictions and cautions may unjustifiably interfere with an individual’s right to respect for private life under Article 8 of the European Convention on Human Rights.
This article anticipated the changes that would be made by the Protection of Freedoms Act 2012 to the Vetting and Barring Scheme under the Safeguarding Vulnerable Groups Act 2006, and the provision of criminal record certificates by the Criminal Records Bureau under the Police Act 1997. The effect of these changes, as they come into force, is considered in Practice notes: Carrying out criminal records checks. Safeguarding Vulnerable Groups Act 2006.
The European Court of Justice has held that EU discrimination law does not entitle an unsuccessful job applicant who meets the criteria for an advertised job to have access to information about the recruitment process.
The Court of Appeal has held that a former employer did not breach its duty of care when it provided a reference referring to allegations against a former employee, because it was made clear that the allegations had not been investigated.
Lies and inaccuracies were present in over half of the CVs submitted in a study carried out earlier this year by The Risk Advisory Group. Although employers will want to take steps to verify that applicants live up to their CV promises, there are legal restrictions on how far they can go when carrying out background checks.
The House of Lords has established that an employer owes a duty of care to the employee about whom the reference is given. The article looks at how employers can reduce the risk of liability for a negligent reference and the effectiveness of disclaimers.