Recruitment and background checks go hand in hand for many employers although background checks can be conducted at any time if necessary. Background checks are used to confirm someone’s validity, honesty and ability to do the job.
Different industries, businesses and roles will have varying requirements but background checks may include:
- identity verification – confirming name and address are basic checks that all employers will do
- education – including requesting evidence of examination grades/ training certification
- employment history – taking up references
- right to work – these checks as a legal requirement and are non negotiable, take a look at an earlier blog we wrote on this topic
- criminal record – often referred to as a DBS check and was previously referred to as a CRB check
- DVLA record – for any role that requires driving for work
- health – considering any specific health conditions that may have an impact on the ability to carry out certain roles
- social media screening – there are privacy considerations around this so it should be handled carefully and we suggest you take advice first
- finance – some industries and roles may need credit and / or insolvency checks but these are unusual for most roles
- drug tests – unusual unless a role specifically requires it and usually done once employment is offered rather than during recruitment
Focus on relevance – what are the role responsibilities and risks?
How can a background check help assure you that this person can handle their responsibilities and has satisfied any risk points?
The intensity and degree of the background checks will vary enormously based on the job type and position. But what’s always important is to strike a balance between what is useful and what is overly intrusive.
You should not gather excessive or irrelevant information.
For example, health checks can only be carried out if it’s a legal requirement (eg eye tests for someone who will be driving a vehicle) or if the job requires it, which could be for insurance purposes or another reason. You must ask for written consent from the candidate before asking for a report from their doctor, and they can ask to see their report before it is sent, and ask for it to be changed or withheld from you.
Some background checks will be legally required, whilst others may be at your discretion. Organisations are obliged to follow best practice when conducting compliance checks. I particular, regard must be given to an individual’s right to a private life, and to confidentiality and GDPR compliance.
You must make sure that checks do not discriminate (eg using them only for certain demographic groups) nor should they discourage people from applying for the job.
Here at vivoHR we believe there are always three key questions when deciding to conduct background checks.
- What is needed?
- Why is it needed?
- What assurance does it give us?
If you can’t give a good answer to questions 2 and 3, then the check most likely isn’t actually needed.
Recruitment
During the recruitment process, it’s essential to provide clear job descriptions so that applicants are prepared to demonstrate their ability for the role. If a role requires certain background checks such as a DBS or a DVLA check, make this clear from the start. Not only does this satisfy the legal requirement to inform someone that a background check needs to take place, it will also make the recruitment process easier. You should include information about any checks in your offer letter.
Background Checks
Why do background checks?
- Avoid fraud
- Avoid illegal employment and a hefty fine!
- Ensure staff and customer safety
- Maintain the company’s reputation
- Comply with legal requirements
- Mitigate risk
Transparency
When conducting background checks, transparency with the applicant or staff member is essential. You are of course anticipating that this person is trustworthy, so informing them of the checks is a good way of fostering an honest relationship with them from the outset. Explicit consent must be obtained before some checks can be completed.
Aside from roles involving working with vulnerable adult or children or in positions of public trust, it is not permitted to request the disclosure of spent convictions. These will only show in an Enhanced DBS check. There is a handy Eligibility Guide on the gov.uk website where you can check which roles are eligible for Standard and Enhanced DBS and there are also lots of helpful DBS Guidance leaflets.
Discrimination
It is important to ensure that any decisions made based on information obtained during a background do not unfairly or unlawfully discriminate against a potential employee on the grounds any of the nine protected characteristics in the Equality Act 2010 – more information on this can be found at the Equality and Human Rights Commission.
Consistency
If you have multiple staff doing the same role, you need to be consistent and carry out the same checks for all staff. You should also do the same checks for all potential candidates for a new role. Also make sure your policies are kept up to date to align with legal changes and industry standards.
References
A reference from a previous employer or colleague is considered part of a background check. These days references can be very minimal, so it can be hard to know when to ask for further detail. Just remember to consider: is it relevant? If yes, then you may need to ask for more information.
Is it better to do your background checks in-house or outsource them?
This will vary on the size of your business and in relation to what checks are necessary. Often companies find that some parts of background checks can easily be done in-house, whilst others are best done through a third party.
Outsourcing your background checks may make the recruitment process smoother and produce more consistent results. Using a reputable screening company may also make compliance easier.
Conclusion
Comprehensive background checks are essential to hiring the right candidates. But it’s important to know the balance between what is necessary and what becomes too invasive. There are lots of legal considerations when it comes to background checks, and this can be confusing for employers. Taking a photo of someone’s passport and scribbling a date on it just won’t cut it, things need to be done properly … and that’s why it’s good to check what you can do, can’t do and have to do!
We can help you to make informed decisions about what background checks are helpful, necessary and legal (or illegal!) when hiring new team members. Contact us on 01252 757359 or drop us an email at [email protected].