One potential scenario, there are many others:-
A person applies for a driving job. The organisation they are joining has a
set of criteria that they will not employ anybody with driving convictions
within the last 4/5 years, dishonesty offences or drugs.
A check against convictions history (criminal record) shows one conviction
for violence 9 years before. (Further enquiry would show it was part of of
domestic dispute - Policeman assualted by both parties trying to protect, or
attack, each other - Subsequently the couple had made up and now live
happily and peacefully together - Never coming to the notice o the police or
any other law enforcement organisation again.)
Company go for a standard CRB certificate check. Result of CRB check -
certificate issued indicating convictions exist. The company have 15
applicants all of whom are suitable for the 2 jobs they have on offer.
Other applicants have clean certificates. What will the company do?
Is the data, which is properly held and used to correctly produce the
certificate, adequate relevant and not excessive for this companies purpose?
What chance/method has the applicant to uphold their rights in these
circumstances?
How is liability determined, if a method of moving legal redress forward?
Does the same problem not arise under the current vetting regime? Where
potentially excessive information could be disclosed to organisations who
must already have a pre-determined set of criteria used to determine the
suitability of job applicants. (Equal Opportunities requirements)
Ian W.
----- Original Message -----
From: <[log in to unmask]>
To: <[log in to unmask]>
Cc: <[log in to unmask]>
Sent: Wednesday, February 14, 2001 8:26 AM
Subject: Re: Employers access to Police Certificates
> Conference update related to this issue - the CRB have agreed to send
someone
> to our Conference on 16th May. This should give us an opportunity to hear
> how they will work and with David Smith being there we could ask them both
> whether there is any conflict!
>
> Ian Buckland
> Keep I.T. Legal Ltd
> 55 Curbar Curve
> Inkersall, Chesterfield
> Derbyshire S43 3HP
> (Reg 3822335)
> Tel: 01246 473999
> Fax: 01246 470742
> E-mail: [log in to unmask]
> Website: www.keepitlegal.co.uk
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