chester

Chester 01244 405 555

Grosvenor Court
Foregate Street Chester
Cheshire CH1 1HG
DX: 19990 Chester

shrewsbury

Shrewsbury 01743 443043

Lakeside House
Oxon Business Park
Shrewsbury SY3 5HJ
DX: 148563 Shrewsbury 14

Greater Manchester 0333 241 6886

Kennedy House,
31 Stamford St,
Altrincham WA14 1ES

17th April, 2015

Changes to accessing employees criminal records


The Disclosure and Barring Service allows employers to identify whether a job applicant has a criminal record however, crucially, this service does not disclose spent convictions.

Until recently employers were able to bypass this restriction by asking applicants to make a Data Protection Subject Access Record which would return the applicant’s full criminal record, including spent convictions.

However, a new provision was introduced in March 2015 under Section 56 of the Data Protection Act 1998 which now makes this common approach unlawful. Consequently employers cannot now request an applicant or an existing employee submit a Subject Access Request in order to produce a full copy of their criminal convictions.

This change in the law comes following last year’s reduction to rehabilitation periods and the date they run from in an attempt to limit discrimination in the workplace.

In order to discuss how these changes can be implemented into your organisation, contact a partner in our employment team:

Chester Office: Helen Watson 01244 405 565 [email protected]

 

 

 

 



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