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Background Checks

Youth warnings, reprimands and cautions will no longer be automatically disclosed to employers who require Disclosure.

The changes which come as a result of a Supreme Court judgement that found some elements of the existing filtering rules for Standard and Enhanced DBS checks were disproportionate, are intended to make it easier for people with certain convictions to find employment.

If you are an employer you can only ask an individual to provide details of convictions and cautions that they are legally entitled to know about. If you take into account a conviction or caution that would not have been disclosed, you are acting unlawfully under the Rehabilitation of Offenders Act 1974.

Our advice is for you to update your recruitment processes in light of the changes and check the Ministry of Justice website for which records of convictions or cautions should be disclosed by job candidates

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