The following Employment guidance note provides comprehensive and up to date legal information covering:
While the application form and interview process will give a prospective employer some assurances as to a candidate's suitability for a vacant position, some additional verification or vetting of the candidate will be necessary. The prospective employer will need to establish that the candidate has the right to work in the UK (see: Establishing the right to work in the UK below). In addition, he may need to:
obtain references from the candidate's current and previous employers (see: References below)
where appropriate, apply to the Disclosure and Barring Service (DBS) for a Criminal Record Certificate or Enhanced Criminal Record Certificate (see Practice Note: Criminal records—asking questions and DBS checks below)
seek a pre-employment medical report on the candidate (see: Health questions below)
carry out pre-employment due diligence or screening for ‘high risk’ posts, in relation to matters such as money laundering, bribery and tax evasion facilitation (see: Staff due diligence or screening below)
This Practice Note summarises the factors that a prospective employer should consider in deciding whether, and how, to carry out, these checks.
The recruitment process will itself give rise to the processing of personal data and, in some cases, special categories of personal data (formerly sensitive personal data) under Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA 2018). Where, in addition, the
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