Employee vetting templates toolkit

Employee vetting, also known as pre-employment screening or background checks, is the process of investigating and verifying the background, qualifications, and credentials of potential employees before they are hired. The purpose of employee vetting is to assess the suitability of candidates for employment, mitigate risks, and ensure the safety, security, and integrity of the workplace.

Employee vetting typically involves several components, which may vary depending on the nature of the job and the requirements of the employer. Common elements of employee vetting may include:

1. Criminal Background Checks: Verifying whether the candidate has a criminal record or has been involved in any illegal activities. This may involve checking local, national, or international criminal databases, as well as conducting fingerprint checks or police clearance certificates.

2. Employment History Verification: Confirming the candidate's work history, including previous employers, job titles, dates of employment, and reasons for leaving. This helps ensure that the candidate's resume or application accurately reflects their past experience and qualifications.

3. Education and Credential Verification: Validating the candidate's educational qualifications, degrees, diplomas, or certifications claimed on their resume or application. This may involve contacting educational institutions, professional associations, or credentialing bodies to verify the authenticity of the credentials.

4. Reference Checks: Contacting the candidate's previous employers, supervisors, or colleagues to obtain feedback on their performance, work ethic, and character. Reference checks help assess the candidate's suitability for the role and verify the information provided during the hiring process.

5. Credit History Checks: Reviewing the candidate's credit history to assess their financial responsibility and integrity. This may be relevant for positions that involve handling finances, sensitive information, or fiduciary responsibilities.

6. Drug and Alcohol Screening: Conducting drug tests or alcohol screenings to ensure that candidates are fit for duty and can safely perform the duties of the job, particularly in safety-sensitive or regulated industries.

Employee vetting helps employers make informed hiring decisions, reduce the risk of workplace misconduct or liability, and maintain a safe and secure work environment. However, it's essential for employers to conduct vetting processes in compliance with applicable laws and regulations, including data privacy laws and anti-discrimination legislation, to protect the rights and privacy of candidates.

• Employers commit a criminal offence if they hire or provide a prohibited individual to perform a regulated activity.

• It is likewise a crime for a prohibited person to engage in, or attempt to engage in, a regulated activity from which they are barred.

• Employers are required under the safeguarding schemes to submit relevant information about persons doing regulated activities if it may influence their fitness to conduct such tasks in the future.

• Where an employer's operation involves regulated activities and it is recruiting individuals for roles that fall under those regulated activities, checks with the Disclosure and Barring Service must be made to ensure the individual is not barred from such employment, and any offers of employment must make it clear that the employment is subject to this check.

• The law makes provision for the protection of ex-offenders to help with their rehabilitation. However, the law also recognises the necessity for employers to consider the background of individuals in order to assess their suitability for certain work and to protect vulnerable groups from risk.

• Work involving activity with children or vulnerable adults is specifically regulated in law, and employers have legal obligations under the relevant vetting and barring schemes to carry out checks on those engaged in such activities.

Navigating Employee vetting processes correctly is crucial to help you avoid any problems (which can be costly in terms of time, money and reputation).

Recent UK case law has highlighted key aspects of good Employee vetting management. Knowing how courts have handled claims can help you assess whether your proposed actions are likely to be seen as reasonable.

Here are some notable rulings and their implications:

• Reilly v Sandwell Metropolitan Borough Council (2018)

  Facts: Reilly, a headteacher, was dismissed after failing to disclose her association with a person convicted of making indecent images of children.

  Outcome: The Supreme Court upheld the dismissal, ruling that Reilly's failure to disclose the association breached the implied term of mutual trust and confidence.

  Key Takeaway: Employers must consider the implications of undisclosed associations in roles involving high trust and child protection, and employees should be transparent about such associations to avoid breaches of trust.

Here are some conplex but common Employee vetting-related workplace scenarios that need careful planning and execution to resolve.

We show you the steps to take to manage the specific case, along with what you should consider doing to minimise and mitigate any repeat.

🔒 To access the answers to the following questions you will need to make a purchase.