There are a lot of stereotypes about the British\u2014most of which are probably well deserved. We like dogs more than people. Our food is as dreary as our weather, which might account for our love of tea and the pub. We market our lack of emotion as the \u2018stiff upper lip\u2019 or \u2018keeping calm and carrying on\u2019. We make up for all our less favourable stereotypes with a stellar sense of humour. It is though. Chaucer got us through some dark times in the Middle Ages, and we\u2019ve rolled with it ever since. <\/p>\n\n\n\n
But most of all, we\u2019re known for placing a lot of importance on good manners. <\/p>\n\n\n\n
And in case you\u2019re not British, here\u2019s a list of how to be polite\u2014English style (\u2026and don\u2019t worry, you haven\u2019t accidentally stumbled into the wrong blog\u2014we\u2019ll get to the point shortly):
<\/p>\n\n\n\n
Oh no! In that case, how can we conduct background checks and still be British? <\/p>\n\n\n\n
Just say these words after us: “I\u2019m terribly sorry, we\u2019re obliged to ask\u201d. Or you could always use our SenseHR solution as a handy shield\u2014that way it\u2019s not really you who\u2019s asking the questions. <\/p>\n\n\n\n
So, now you know the rules of British etiquette and our handy HR loopholes, here\u2019s our thoroughly un-British guide to legally regulated background checks. <\/p>\n\n\n\n
Other than the legal requirement, there are lots of good reasons to vet candidates thoroughly. <\/p>\n\n\n\n
Effective recruitment is the foundation of employee retention<\/a>. By conducting proportional and appropriate checks at the outset, people managers can avoid the time, effort, and financial and reputational costs of hiring the wrong candidate. <\/p>\n\n\n\n Beyond business-centric considerations, HR managers have an obligation to show due diligence<\/a>. That includes preventing fraud, safeguarding vulnerable members of society, and protecting the interests of existing stakeholders\u2014including employees, investors, and customers. <\/p>\n\n\n\n But don\u2019t throw those good manners out of the window entirely and ask candidate Christopher which way he\u2019s voting in the coming election. Because, any people data, including pre-employment checks, should be processed in keeping with the six data protection principles<\/a>, as set out within the Data Protection Act 2018. <\/p>\n\n\n\n As a reminder from our GDPR compliance article<\/a>, that means:\u00a0<\/p>\n\n\n\n So, the number of background checks you perform on a potential recruit will depend on the roles and responsibilities of the position. And with strict legal regulations and hefty attached fines, HR managers will want to colour inside the lines on this one. <\/p>\n\n\n\n Yes, we know, the people profession can feel as perilous as the Temple of Doom sometimes. But slap on that \u2018What Would Indiana Do\u2019 wrist band and we\u2019ll traverse the trials of the pre-employment checks together. <\/p>\n\n\n\n To put it simply, RTW checks are used to ensure an applicant is legally entitled to work in the UK. Every organisation must conduct these checks for all applicants and keep the records. Without the relevant checks in place, there\u2019s no legally accepted excuse for regulation breaches. And depending on the employee start date and relevant legislation, maximum fines can be unlimited with the possibility of five years\u2019 imprisonment (UK Immigration Acts have undergone significant updates over the last 25 years, and it may be that the Immigration, Asylum and Nationality Act 2006 (the 2006 Act)<\/a>, the Immigration Act 2016 (the 2016 Act)<\/a>, or the Asylum and Immigration Act 1996<\/a> will apply). <\/p>\n\n\n\n The good news is that it\u2019s relatively easy to comply. You can make the check online<\/a> using the applicant\u2019s share code, or using the applicant\u2019s original documents<\/a>. Then you must securely keep a clear copy of the RTW check response, either electronically or in hardcopy, for the length of employment, and for two years afterwards. <\/p>\n\n\n\n Recent updates to the legislation mean that for prospective workers holding either Biometric Residence Permit (BRP) cards or Frontier Worker Permits (FWP), all RTW checks must be conducted online since the 6th of April 2022. And for employers with remote and hybrid working arrangements, virtual review of some original right to work documents is no longer allowed after the 30th<\/sup> of September 2022 deadline. After that date, the only way to conduct fully remote checks is through a certified Identity Service Providers (IDSPs) at around \u00a390 per check<\/a>. <\/p>\n\n\n\n Like Ronseal, criminal record checks do exactly what they say on the tin. Organisations can apply for a criminal record check though the Disclosure and Barring Service<\/a> (DBS) Checks must be proportionate to the role and need to comply with the Rehabilitation of Offenders Act 1974<\/a>. <\/p>\n\n\n\n The level of disclosed information is regulated by the Police Act 1997<\/a> and the Police Act 1997 (Criminal Records) Regulations 2002<\/a> and there are three types of disclosure certificates: <\/p>\n\n\n\n While it\u2019s OK for organisations to ask an applicant to apply for a basic certificate, which will give accurate details of any unspent convictions or cautions, making a forced subject access request<\/a> is a criminal offence. <\/p>\n\n\n\n And in the case of criminal record checks, before any data processing takes place, HR managers must make sure that there\u2019s a policy in place that explains how, when, and why the data is requested, kept, and deleted. A privacy notice tailored and distributed to job applicants can cover this requirement. <\/p>\n\n\n\n If any offer of employment will depend on a satisfactory DBS check, then the recruiting HR department should make sure that each of the following factors are considered: <\/p>\n\n\n\n The Equality Act 2010, section 60(1)<\/a>, stipulates that medical checks can\u2019t take place during the recruitment process and ignoring the legislation can result in claims for disability discrimination. <\/p>\n\n\n\n The only exceptions to the prohibition are: <\/p>\n\n\n\n The Corporate Manslaughter and Corporate Homicide Act 2007<\/a> stipulates that any employee who must drive to fulfil their role undergoes the relevant DVLA checks<\/a>. <\/p>\n\n\n\n There\u2019s no legal obligation to obtain a reference for a prospective employee or to supply one for an ex-employee, although there\u2019s case law<\/a> for organisations having a moral obligation to supply a basic reference. Nevertheless, requesting one or two references following an offer of employment is common practice. <\/p>\n\n\n\n While organisations aren\u2019t generally obliged to provide a reference (there are some exceptions<\/a>) they\u2019re obliged to ensure that any reference that\u2019s supplied is true, accurate, and fair. References should also give a complete account of the relevant and requested facts, rather than opinions.\u00a0\u00a0<\/p>\n\n\n\n Should an unsatisfactory reference cause the withdrawal of an employment offer, specific details should be disclosed to the candidate. <\/p>\n\n\n\n As of yet, there are no specific laws that govern online and social media checks, with the exception of more general data protection<\/a> and equality laws<\/a>. <\/p>\n\n\n\n But due in part to the lack of legislation and public availability of the data, social media screening is open to misuse. HR managers should be careful to screen according to a defined policy that adheres to the general legislation. That way, your organisation won\u2019t be open to discrimination claims or a breach in data protection law. <\/p>\n\n\n\n Your exact pre-employment process will depend on organisational policies and the nature of the vacant role. But every HR professional should encourage due diligence in carrying out proper and accurate checks that: <\/p>\n\n\n\n\n
Right-to-work checks <\/h2>\n\n\n\n
Criminal record checks <\/h2>\n\n\n\n
in England and Wales, Disclosure Scotland<\/a>, or AccessNI<\/a> in Northern Ireland. <\/p>\n\n\n\n\n
\n
Medical checks <\/h2>\n\n\n\n
\n
DVLA checks <\/h2>\n\n\n\n
Reference checks <\/h2>\n\n\n\n
Social media screening <\/h2>\n\n\n\n
Getting it right <\/h2>\n\n\n\n