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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, include information from local police records about matters other than

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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