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15 September 2011 / Hle Blog
Issue: 7481 / Categories: Blogs , Employment
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Employment vetting: an alternative solution?

HLE blogger Timothy Pitt-Payne QC presents his policy paper on employment vetting

"Getting the employment vetting system right is a challenge for both lawyers and politicians. Extremely difficult policy considerations are laden with legal complexities. Serious human consequences can arise from inadequacies and inequalities in the system.

The task is further complicated by an outmoded legal framework open to abuse by unscrupulous employers. This prevents a fair balance from being struck between the key policy concerns of individual fairness, rehabilitation and protection of the vulnerable.

The Rehabilitation of Offenders Act 1974 (ROA 1974), on which the current legal structure is largely based, seeks to protect ex-offenders from having to disclose information about “spent convictions”. In this modern information age, however, unprincipled employers need only to employ “enforced subject access” or turn to the internet to search for details of past convictions.

Moreover, the Criminal Records Bureau (CRB) system is a massive exception to ROA 1974, often allowing access to “soft intelligence”—information about allegations that have not led to a conviction and may

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DWF—Chris Air

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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