Employment: Background information

As the Facebook generation enters the workforce and competition for jobs increases, employers may be tempted to look into candidates' backgrounds. This is a risky strategy, says Timothy Pitt-Payne

Recruitment decisions are difficult. They are often taken under acute pressure of time. There are a number of legal risks, including the possibility of a discrimination claim from an unsuccessful candidate. If an unsuitable appointment is made, then the consequences can be very expensive, and on occasion disastrous. Employment vetting is about one specific aspect of the recruitment process: namely, identifying potential employees who present an unacceptable risk of serious harm to the organisation, or to its customers or service users. Vetting raises significant problems, not simply for employers, but for society as a whole. For instance, a balance needs to be struck between preventing individuals from having their careers blighted by unproven allegations, and protecting vulnerable groups (such as children, the elderly and disabled people) from the risk of financial, physical or sexual abuse.

The available methods of employment vetting range from the compulsory to the unlawful. Techniques include asking for references, carrying out Criminal Records Bureau (CRB) checks, ensuring that prospective employees are not on any statutory barring list, and the use of employment blacklists. There may also be issues (not dealt with in this article) about checking immigration status and ensuring that a candidate is entitled to work in the UK. The vetting system is currently undergoing fundamental reform, with the phased implementation of the Safeguarding Vulnerable Groups Act 2006.