We are pleased to be able to open our offices to clients and visitors once more as of 1 July 2020. All visits will be by appointment only.
To enable us to welcome you to the office in line with current Government advice, we have put strict guidelines in place to ensure the health and safety of our clients/visitors and our staff.
Please ensure you read our guidelines below BEFORE visiting our offices and follow them during your visit: Click here for full guidelinesClose
13 Mar 2015
Employers who carry out ‘back-door’ criminal record checks on potential employees could face criminal charges after it is finally outlawed with effect from 10th March 2015.
It is now a criminal offence for employers to force job applicants and employees to obtain and then provide a copy of their criminal record by means of a subject access request under the Data Protection Act 1998 (DPA).
The new offence covers employees and prospective employees as well as individuals who contract to provide services to another. The Information Commissioner has long disapproved of the practice of requiring applicants or existing workers to acquire and produce a copy of their criminal record through the subject access provisions of the Data Protection Act 1998 going so far as to describe it as a ‘back-door’ practice undertaken by ‘rogue employers’.
Employers who need to protect their business, customers or clients by verifying an individual’s criminal history, should seek disclosure through the Disclosure and Barring Service.
Please contact Daniel Wilde, Head of our Employment Department to discuss further 01633 244233 or email firstname.lastname@example.org
Harding Evans is a trading name of Harding Evans LLP, a limited liability partnership, registered in England & Wales (registered number: OC311802), authorised and regulated by the Solicitors Regulation Authority (SRA number: 419663).