Sea Side Scrap Book » CRB Checks and Existing Staff

CRB Checks and Existing Staff

Right before the turn of the 21st century it became mandatory for most businesses in the UK to carry out Criminal Records Bureau (CRB) check on new applicants. This also holds true for any type of volunteer organisations that work with children or vulnerable adults. The goal is to provide a safe and secure atmosphere when being served by any organisation. By the time 2009 rolled around these same laws were strengthened. They now affect more people than ever, even though the CRB rules were announced to be more of a relaxation process. Now employers and volunteer agencies are wondering whether or not they need to bother with it when it comes to the existing staff. Unfortunately it’s a complicated answer.

Employers cannot rightfully require existing employees to agree or submit to a CRB check. The only way this is an option would be if your initial contract stated that it could be done and the employee agreed to it. Then again; you could bring it to their attention today and if the employee agreed to the terms it would be okay as well. Remember; the law states that only new hires or volunteers are required to go through a CRB check. What it comes down to is that the existing staff could refuse the check.

It’s also important to note that staff members denying requests for CRB checks cannot be terminated on those grounds. The law recognizes that it’s not right to assume a staff member has something to hide if he is refusing to undergo a criminal record check. For employers to make that assumption, and then terminate an employee who refuses to submit to a check is not only ethically wrong, it is also illegal.

If you like this article see Solar PV Panels – Photovoltaic Panels

The best thing to do is present a clause that allows for periodic CRB checks to be performed. We understand only new employers getting their companies off the ground will be able to do this, but it’s well worth the safety of your clients. If the company never had a contract to begin with then tell the employees what you would like to do. It must be done in a way that focuses on the safety of the clients and the other employees. While they will be aware of the situation it still doesn’t mean they have to agree to it. In order to make this happen you must administer a statement and have it signed by the employee. Most of them will agree to the terms.

Those who have been around for quite sometime are not the ideal candidates for CRB checks. The existing staff members that have been loyal to the company should be bypassed so there isn’t any friction in the workplace. Why? Well you’re showing unwarranted suspicion, which is never a good thing. However, we do understand that the final decision will be left up to the employer; we just don’t recommend this area to be one of them.

Then again; there will be employees that have had issues in the past. These are really the prime candidates for CRB checks. Keep in mind; employers should try to smooth things over and get to the bottom of the situation through dialogue first. If this fails then a CRB check will probably be necessary, but they can still reject it. The only way it will be an option is if they agree to it.

What it comes down to is that CRB checks are designed for safety measures. They protect the innocent victims and are NOT used to intimidate the citizens of the UK. They can be extremely beneficial if the employer uses CRB checks in a lawful manner. If they abuse the process it could turn into unwarranted demands from the employees, which will create turmoil.

Learn more about what a payroll company do to help with CRB checks. Find out all about how an outsourced payroll service can help you.