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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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NEWS
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
In a striking financial remedies ruling, the High Court cut a wife’s award by 40% for coercive and controlling behaviour. Writing in NLJ this week, Chris Bryden and Nicole Wallace of 4 King’s Bench Walk analyse LP v MP [2025] EWFC 473
A €60.9m award to Kylian Mbappé has refocused attention on football’s controversial ‘ethics bonus’ clauses. Writing in NLJ this week, Dr Estelle Ivanova of Valloni Attorneys at Law examines how such provisions sit within French labour law
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
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