Legal Updates

Concern over illegal CV checks

Date:  08 Aug 2008

Concerns have been raised over employers carrying out illegal criminal record checks on staff.

The law states that the checks should only be carried out on those carrying out "sensitive work" – such as with children or vulnerable adults.

But an investigation by BBC Radio 4 discovered that requests to the Criminal Records Bureau (CRB) have been made for checks on applicants for jobs such as train drivers, gardeners and bricklayers.

It also found that employers have used the system to check spent convictions, which applicants do not have to disclose.

The CRB does not refuse unlawful checks, saying employers are best-placed to know whether it is necessary.

Commenting on the findings, Anthony Scrivener QC says: "You really can''t rely on the goodwill of an employer if he''s given this information.

"They may be entitled to have it but they should still exercise discretion."

Established under Part V of the Police Act 1997, the CRB was launched in March 2002 to provide wider access to criminal record information.

Vizards Tweedie act for small and medium businesses and deal with all aspects of company and commercial law

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