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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 not even have been tested in court. An individual can

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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