For a great number of employers, screening the backgrounds of their potential employees is a must. Screening can be complex and challenging, especially when HR, as well as hiring managers are unsure how to stay absolutely compliant.

Currently, 60% of organisations in the UK conduct background screenings, according to the statistics provided by Sterling Talent Solutions.
This percentage is said to increase year on year as employers are becoming more aware of its importance.

Compliance appears to be the top reason employers are carrying out these checks, however, keeping up-to-date with the ever-changing regulations can be challenging. So, the question is, how can employers stay legal when it comes to the screening process?

Criminal Record Checks

Criminal record checks that are carried out by employers must be proportionate and also relevant to the employee’s position in question, it is also to be in compliance with The Police Act (1997) and the Rehabilitation of Offenders Act (ROA) (1974).

According to employment law associates, employers are allowed to ask applicants about their criminal record, however, the ROA (1974) restricts to what extent an employer is able to base their decisions using such information.

In the case of “Spent convictions” – where a crime has been committed previously, but no re-offence during a given period, employers should not request information. These applicants are treated as having clean records, unless there is an exception that applies under the ROA (1974).

Credit Checks

Credit checks are an element of screening that is used, particularly in the financial sector. Like criminal record checks, they are to be proportionate to the job at hand. For a role like a financial director, a credit check will be necessary, however a job that doesn’t require any financial responsibilities wouldn’t likely need a credit check.

It is recommended by The Information Commissioner’s Office (ICO) that credit checks are to be conducted only when a less intrusive option is not available.

Social Media Screening

With checking platforms like Facebook & Instagram, you are able to capture applicant’s activities that may be potentially incriminating. There are however legal risks and consequences if you get it wrong.

The primary issue is, if the job applicant claims that a decision to not employ them was based on information found by the employer, from one of their social media accounts.

Education & Credential Verifications

Checking an applicant’s qualifications and credentials can give you a clear understanding of their knowledge, specialties and skill sets.

Some candidates may however be tempted to fabricate the results of an educational & credential verifications check, via the use of technology, which can obviously affect the reliability of these kinds of checks.

Reference checks

One of the best ways to ensure that you are hiring the right person, is a reference check. It is advised however that certain rules are adhered to, such as making sure discriminatory questions are avoided.

Recruiters should be vigilant, as acting on a reference that is potentially discriminatory may cause issues, as they may be liable for damages/loss of earnings, if the offer is withdrawn due to a reference of this nature.