Pre-employment checks—law firms

The following Practice Compliance practice note provides comprehensive and up to date legal information covering:

  • Pre-employment checks—law firms
  • References
  • Criminal records—asking questions and DBS checks
  • Establishing the right to work in the UK
  • Staff due diligence or screening
  • Money laundering
  • Bribery and corruption
  • Tax evasion facilitation
  • Health questions
  • Data protection issues (UK GDPR and DPA 2018)
  • More...

Pre-employment checks—law firms

While the application form and interview process will give you some assurances as to a candidate's suitability for a vacant position, some additional verification or vetting of the candidate will be necessary. You 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, you may need to:

  1. obtain references from the candidate's current and previous employers (see: References below)

  2. where appropriate, apply to the Disclosure and Barring Service (DBS) for a Criminal Record Certificate or Enhanced Criminal Record Certificate (see: Criminal records—asking questions and DBS checks below)

  3. seek a pre-employment medical report on the candidate (see: Health questions below)

  4. establish that your regulated candidate has the qualifications they claim and review their disciplinary record (see: Qualifications and regulatory record checks below)

  5. 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 you 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 category personal data (sensitive personal data) under the UK General Data Protection Regulation (UK GDPR) and the Data

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