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The Emergence of Continuous Screening: Moving Background Screening From Pre-hire Problem Identification to a Threat Management Tool that Helps to Mitigate Risk |
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Regular Monitoring Screening (RMS) or on-going, post-hire, continuous or reoccurring screening. JH UK Ltd is in the process of conducting background checks on current employees on a periodic or on-going basis to stay informed about life changes which could create increased risk for your organisation. We originated the term Regular Monitoring Screening (RMS) in 2009 when the data base technology for being able to conduct on-going, continuous or reoccurring screening emerged. We saw the “writing on the wall” and that significant change is to occur in the background screening industry. It has been a slow and difficult journey, but every year more and more firms are moving to conducting RMS screens. HireRight reported in their 2015 Annual Benchmark report that 46 percent of their survey respondents were conducting re-occurring background checks up from 32 percent in the 2014 Benchmark Report. RMS is taking hold because employers are finally learning and understanding that pre-hire detection of problem behaviour is not enough to forestall or foretell future bad behaviour that creates risk for the organisation. It's no surprise to any experienced business manager that at the core of compliance/risk and threats to businesses are the people they employ. Employees account for a significant portion of risk including: Theft embezzlement Identify theft Industrial espionage Data breaches Reputation damage Workplace violence Along with understanding the reality of the risk and threat associated with hiring people the technology that enables continuous screening to happen real time has continued to progress as well. With the advent of cloud computing the capabilities have advanced considerably. Rather than scanning one time, or on a regular schedule of intervals (such as every few years), organisations now have the power to perpetually evaluate risk post-hire as life events, and identity data, evolves. Using Personnel risk assessment technology in a continuous screening model, sophisticated analytics can be unleashed to assess risk factors in real-time and proactively alert managers to potential issues before they escalate. A shift to continuous post-hire monitoring for the latest actionable information is now possible. Technology also helps organisations visualise threats and prioritise based on various factors, which can be customised for industry. For instance, the transportation industry may weigh a motoring offence as a riskier trait than the finance industry, whereas the healthcare industry views delinquent payments as a bigger problem. Each industry faces its own unique challenges in meeting regulations and mandates, but a continuous screening platform can help organisations make sense of it all. Armed with this level of specific information managers are positioned to make decisions on how to best reduce or mitigate their risk when derogatory information is discovered about an employee. It should be noted that it is important that company's using continuous screening understand that identifying derogatory information on an employee does not mean automatic termination and should simply be grounds for an investigation to ensue. This is where an individual assessment is very important and all the relevant information needs to be examined starting with, is there a correlation between the negative information and the nature of the work being performed. For example, the alert identifies that an employee has been convicted of robbery and their job is parking cars. It’s a clear correlation between the two and finding the employee another position or termination might be in order. Whereas, an employee convicted for possession of child pornography that works on a manufacturing production line would be a steeper hill to climb in showing a correlation between the two, despite how much disdain you might have for the wrong doing. The point being each case must be looked at based on the unique circumstance and variables relevant to the situation, but above all, avoid blanket policies. And, before you take any actions be sure to consult your solicitor. If you have not already started to use Jefferson Hunt Limited Screening now may be a good time to explore adding it to your threat management toolbox and risk mitigation tools.
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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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The growing popularity of social networking sites has been accompanied by a rise in concern about the risks that people, especially children, may unwittingly incur by sharing their personal data online. Responding to this, the Information Commissioner’s Office recently issued new guidance on the application of the Data Protection Act to social networking. This article briefly considers the extent to which the “domestic purposes” exemption relieves the general responsibility only to process data in accordance with the DPA in the context of social networking, and also what organisations and individuals, who process personal data for purposes such as running a business, need to consider when they run, contribute to, or download personal data from social networking sites, online forums, message boards or blogs. In particular, it considers the position of a business using social networking sites for marketing purposes and the extent to which that business is responsible for ensuring that its processing of user-generated content complies with the DPA. ...
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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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The loss of a memory stick containing the personal details of over 26,000 tenants of two London housing associations shows many UK organisations still have poor operating policies, say experts....
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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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“
"Life appears to me too short to be spent in nursing animosity
or registering wrongs."
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Charlotte Bronte
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