Employers and DBS Checks

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Are you an employer who is unsure which questions they can ask  employees about their previous criminal records? Are you unsure how to frame questions on your employment application forms?

We are specialist Disclosure and Barring Service (DBS) solicitors and we provide advice to employers and housing agencies on the questions they are permitted to ask prospective tenants or employees.

The rules related to DBS filtering are complex and frequently change, it is important that you do not ask questions that you are not entitled to ask. Requiring disclosure of previous records, where an employee is considered rehabilitated, is prohibited unless your work falls into certain categories of regulated profession. Enforcing disclosure of records can in certain circumstances be a criminal offence.

Employer Rehabilitation DBS Specialist Solicitors

If you are unsure what the difference is between filtering or a spent and a protected record, then please get in touch.

Perhaps you are unsure if your work place provides a regulated service and whether you are entitled to request a DBS certificate. Perhaps you are unsure which level of disclosure you are entitled to, basic, standard, enhanced or enhanced with barred list checking.

If you unfairly require disclosure in circumstances that you are not entitled you may leave yourself open to legal proceedings and damages being awarded against you.

Equally it is important that as an employer, you ensure the staff you are employing have being properly screened and vetting by the DBS to ensure your safeguarding obligations are met. If you fail to undertake the appropriate checks and your work is regulated, then this may result in criminal charges being brought against you.

If you or your business is being investigated for a safeguarding issue then we are able to help, along with being specialist DBS solicitors, we also have extensive experience of defending criminal allegations related to DBS issues.

Disclosure and Barring Service Employer Advice Solicitors

Please get in touch today to discuss your business’ DBS issues.

We will help you draft your employment screening questionnaires so that they are up to date and fair to both you and your prospective employees.

Please get in touch today to discuss any employer related DBS issue.