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Radical shake-up of the Criminal Record regime and vetting and barring scheme. |
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The government today unveiled plans to scale back the VBS and Criminal Records Regime to common sense levels while ensuring vulnerable groups are appropriately protected. The proposals, which come after a comprehensive review of the existing system, include: • the merging of the Criminal Records Bureau (CRB) and Independent Safeguarding Authority (ISA) to form a streamlined new body providing a proportionate barring and criminal records checking service; • a large reduction of the number of positions requiring checks to just those working most closely and regularly with children and vulnerable adults; • portability of criminal records checks between jobs to cut down on needless bureaucracy; • an end to a requirement for those working or volunteering with vulnerable groups to register with the VBS and then be continuously monitored by the ISA; and • stopping employers who knowingly request criminal records checks on individuals who are not entitled to them. The government will also keep the scope of CRB checks under review to ensure that they are not dis-incentivising people putting themselves forward for volunteering. Deputy Prime Minister Nick Clegg said: “The Freedoms Bill will protect millions of people from state intrusion in their private lives and mark a return to common sense government. It delivers on our commitment to restore hard-won British liberties with sweeping reforms that will end the unnecessary scrutiny of law-abiding individuals. “We inherited a messy criminal records regime that developed piecemeal and defied common sense. Our reviews concluded that the systems were not proportionate and needed to be less bureaucratic. They will now be scaled back to sensible levels whilst at the same time protecting vulnerable people.” Home Office Minister Lynne Featherstone said: “I came into this department and was immediately struck by the need to look again at the VBS and Criminal Records Regime. “I feel the changes that are now being made strike the balance between our own personal liberties whilst ensuring vulnerable people are protected.” Children’s Minister Tim Loughton said: “Protecting children and keeping them safe remains our top priority, but it’s also important that well meaning adults are not put off working or volunteering with children. “The new system will be less bureaucratic and less intimidating. It will empower organisations to ask the right questions and make all the appropriate pre-employment checks, and encourage everyone to be vigilant. “This is a common sense and proportionate approach which will ensure that children are properly protected without driving a wedge between them and adults.” Care Services Minister Paul Burstow said: "Our plans will create a thorough system of checks that won’t over-burden people with bureaucracy. Vulnerable people and their families will be able to have confidence in the new safeguards, while the doctors, nurses, social care workers and many others who need to be checked will have a more user-friendly system. "I look forward to working with other departments in putting the plans into action. Together we will create a better way of safeguarding some of society's most vulnerable people." The proposed changes will be introduced gradually to ensure a seamless transition. The necessary legislative changes will be included in the Protection of Freedoms Bill. Subject to parliamentary approval, the Bill is expected to become law by early 2012. The new regime would be introduced as soon as possible after this. Registration for the first wave of workers and volunteers with the VBS was halted on 15 June pending the remodelling of the system back to common sense levels. The VBS report makes a number of recommendations including a new streamlined body to provide a national barring system and criminal records disclosure service. The new scheme will also capitalise on technological developments to provide an online checking function for employers and applicants whilst allowing checks to be transferred easily from one company to another. The review of the criminal records regime was carried out by the independent adviser on criminality information, Sunita Mason. A number of her recommendations are reflected in the Protection of Freedoms Bill. Mrs Mason is now continuing with the second phase of her review, which deals with broader issues relating to the handling of criminal records. The government will make a full response to the whole review once this work is complete. The review sought views from a range of partners and members of the public via the ‘Your Freedom’ website which called for portability of CRB checks from one job to another. This is one of the proposals that will be introduced under the new scheme.
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Current News
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The Supreme Court has ruled in favour of three people who claimed their lives were blighted by past minor criminal convictions....
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A man acquitted of rape has lost his Supreme Court appeal to remove any reference to the case from his enhanced criminal records check....
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From 6 April 2017 those applying to come to the UK to undertake certain jobs, along with their adult dependants, will be subject to the requirement under the Immigration Rules to produce a criminal record certificate. The certificate must be produced from any country in which they have been resident for 12 months or more, consecutively or cumulatively, in the previous 10 years, aged 18 or over....
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On 12 July 2016, a number of changes under the Immigration Act 2016 will come into force, including extended criminal offences for employers in relation to illegal working....
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The High Court has upheld a challenge by way of judicial review to the criminal records disclosure scheme used in England and Wales. It has found the scheme to be "arbitrary" and disproportionate, and it was ruled unlawful, as incompatible with Article 8 of the European Convention on Human Rights. Under the Rehabilitation of Offenders Act 1974, convictions, cautions, reprimands and warnings become "spent" after a certain period of time. However, in certain "excepted positions" (principally those working with children or vulnerable adults) the general rule does not apply and all prior convictions must be disclosed, however old or trivial, where there has been more than one previous conviction. The focus of the challenge was on this exception. Employers may wish to take preparatory steps in anticipation of the changes to the law....
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Employment Background screening and investigations has been around long enough for the industry focused on conducting them to be considered a mature industry.While the practice of conducting employment background screening has been around a long time it has also become ubiquitous and is inexplicably tied to the employment hiring process. Its’ estimated that more than 90 percent of all businesses and organisations conduct some form of pre-employment background check. ...
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FINRA’s New Background Investigation Rule Will Likely Increase Firms’ Costs and Potentially Increases Exposure for Firms in Customer Disputes ...
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Samantha Burmis, 45, of Bellman Avenue, Gravesend tried to conceal her criminal record in an effort to win more than £1million from an employment tribunal claim. At Maidstone Crown Court today (Friday 2 August) Burmis was sentenced to 18 months in prison for attempting to pervert the course of justice and a further six months for obtaining a pecuniary advantage by deception. Claim...
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DBS filter certain old and minor cautions and convictions, reprimands and warnings from criminal record certificates....
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The UK's banking regulator, the Financial Services Authority (FSA), has been abolished and replaced with two successor organisations....
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Today is the first day that a series of new regulatory bodies start doing their thang in the City of London. Here, we've outlined why they've been created and what impact they'll have on the economy....
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The Government has published a policy paper on the progress of reform in employment law in the last couple of years as it is half way through its Employment Law Review. ...
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The Protection of Freedoms Act 2012 marks some important changes to criminal record checking in the UK. Here we survey those changes which take effect for employers in England from September 2012 and highlight future developments beyond....
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The depth of the crisis over G4S's Olympic security preparations became increasingly clear on Thursday as recruits revealed details of a ...
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Scott Thompson resigned over the weekend amid rumours he added a computer science degree to his CV....
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Over the past few months there's been a growing hue and cry over reports that some employers ask job applicants for their Facebook login and password information as part of the vetting process. They are hardly alone, though it's not easy to know just who's doing it and who's not. But this is not new--some state and local government agencies, particularly law enforcement agencies, have been doing it for years....
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The use of social media in the workplace has become more and more prevalent, and inevitably there have been an increasing number of employment tribunal cases dealing with related issues. The recent unreported employment tribunal case of Crisp v Apple Retail demonstrates the importance of an employer giving careful consideration to how it will respond to the risks associated with the use of social media, in particular the importance of a strong social media policy. ...
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Business Secretary Vince Cable has announced the government's proposals for what BIS describes as the most radical reform to the employment law system for decades. The suite of measures is extensive and is part of the Government’s plans "to safeguard workers' rights while deregulating to reduce the onerous and unnecessary demands on business”. Dr Cable stressed that the measures are not an attempt to give “businesses an easy ride at the expense of their staff. This is not about introducing a “hire and fire” culture. We are not making a cynical choice to favour flexibility over fairness. Instead we are hacking through the excessive red tape and regulation that prevents many businesses from creating jobs in the first place”. ...
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In Jackson v Liverpool City Council the Court of Appeal has given some helpful guidance to employers on the provision of references in circumstances where there are outstanding but uninvestigated allegations about a former employee....
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International Guide to Anti-corruption Laws, which provides an “at a glance” summary and comparison of the key criminal and administrative corruption offences in the 22 countries featured. ...
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After all the dust has settled, the political recriminations have been leveled, and the issuance of reams of client alerts by every law firm on the planet, companies are now staring at July 1, 2011: the effective date of the UK Bribery Act. The build up to the issuance of the Ministry of Justice’s Guidance was historic; leak after leak, political infighting and threats by international anti-corruption organizations and other governments against a weakening of the UK Bribery Act were prevalent. After all this build up, we are left with the following: the UK Bribery Act still stands, while the Guidance--which was intended to add some clarity and safe harbors for...
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A couple used fake passports and national insurance numbers to earn £39,000 while claiming £8,500 in benefits. ...
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The Confederation of British Industry (CBI) is calling on the Chancellor of the Exchequer to cut taxes and reduce employment rights in an "all-action Budget" on 23 March....
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Shareholders in HSBC are increasingly asking its management about the cost of remaining headquartered in the UK, although the bank has no imminent plans to leave the City of London, it said last night amid speculation that it might be gearing up to leave Britain for Hong Kong....
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A police chief who claimed colleagues should get customer service tips from John Lewis is being investigated over claims he lied on his CV. ...
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More than 9 million people working with or volunteering with children and vulnerable adults will no longer need to register and be monitored by the state following an overhaul of the checking regime....
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The Government yesterday announced that it had reached agreement with the four largest UK banks that they will disclose the pay of their highest paid individuals, which go beyond the disclosures required by the FSA under the Remuneration Code or required by the Listing Rules. The agreement is part of a wider agreement (known as “Project Merlin”) on bank lending and other matters with Barclays, HSBC, Royal Bank of Scotland and Lloyds Banking Group and, in relation to lending only, Santander. ...
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The Government has today announced the next steps in its review of employment laws. It has published a comprehensive consultation document on resolving workplace disputes and an Employer’s Charter. ...
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The cuts in public sector jobs announced in the Comprehensive Spending Review (CSR) will create a new North/South divide, thinktanks and unions have warned....
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Friday 1st October 2010 will see the coming into force of various changes to employment legislation, including major provisions of the Equality Act 2010, consolidating of disability regulations and the annual increase in the national minimum wage....
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The FSA has today released a Consultation Paper, which contains proposed revisions to its Remuneration Code affecting pay in the financial services sector. The revisions are proposed to take effect from 1 January 2011 and will mean far more firms are brought within its ambit. ...
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There have recently been very well-publicised European developments restricting banking pay. However, the important thing to note is that all financial sectors (not just the banking sector) will, sooner or later, be affected by remuneration restrictions originating in European law and so this is just the start of wider changes across the industry....
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The Prime Minister and his deputy Nick Clegg unveiled their Coalition Agreement, “The Coalition: our programme for government”, on 20 May 2010. It expands the initial agreement reached in the Conservative/Liberal Democrat coalition negotiations on 11 May 2010. However, it lacks significant detail. The new Coalition Government states it will “review employment and workplace laws, for employers and employees, to ensure they maximise flexibility for both parties while protecting fairness and providing the competitive environment required for enterprise to thrive.” What this will mean in practice is currently unclear....
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Several new employment legislative changes are due to be introduced from 6 April 2010....
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The European Commissioner for Justice, Fundamental Rights and Citizenship, Viviane Reding, has decided to take action to reduce the gender pay gap as part of a five-year strategy for gender equality. ...
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Jefferson Hunt Limited has been admitted as an International Member of the association of Professional Background Screeners and subscribes to their “code of ethics”....
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However the key issue in this week's show has to be the embellishment of the candidates’ CV’s....
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Dodgy CVs can be - literally - a matter of life and death for organisations. A survey by NDF Associates last month found that a third of NHS trusts had identified health workers who had used fake CVs....
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Industry Quotes |
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“more than 7.5 million of Britain's 25.3 million working population have misled their potential employer while applying for a job.”
Mori .
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Quote of the Week
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“"This is the beginning of a new day. You have been given this day to use as you will. You can waste it or use it for good. What you do today is important because you are exchanging a day of your life for it. When tomorrow comes, this day will be gone forever; in its place is something that you have left behind... let it be something good.".”
Anon.
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