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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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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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