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06 November 2009 / Timothy Pitt-payne
Issue: 7392 / Categories: Features , Employment
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The shadow of the past

Employment vetting law has been rewritten, says Timothy Pitt-Payne

In 2004, a woman was employed by an employment agency that provided staff for schools. She worked as a playground assistant, supervising children during their lunchtime break. Her employer carried out a check with the Criminal Records Bureau (CRB).

The CRB check did not show any criminal convictions; but it disclosed that the applicant’s son had previously been placed on the child protection register on grounds of neglect, and that he had been removed from the register after being convicted of robbery and given a custodial sentence. Soon afterwards she was told by the agency that it no longer required her services.

So far there is nothing unusual about this story. CRB checks are an increasingly common feature of working life. Some CRB disclosures (known as standard disclosures) are confined to information about past convictions held on the Police National Computer (PNC), including convictions that have become spent under the Rehabilitation of Offenders Act 1974.

Other disclosures—known as enhanced disclosures—may, in addition,

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NEWS
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
Refusing ADR is risky—but not always fatal. Writing in NLJ this week, Masood Ahmed and Sanjay Dave Singh of the University of Leicester analyse Assensus Ltd v Wirsol Energy Ltd: despite repeated invitations to mediate, the defendant stood firm, made a £100,000 Part 36 offer and was ultimately ‘wholly vindicated’ at trial
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