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Hi,

 

Can a company in the UK gain legal access to an employees previous court files, police reports, recorded interviews on DVD to check an individuals background for their own safety?

 

Usually they do disclosure checks and ask for certificates which shows very minimum information not the complete story, but can they ask DBS for further information people involved, what you said, what they said?

 

Thanks.

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Depends on the job the crime and the stage in the employment relationship... I'm afraid we need a less hypothetical situation. Generally verbatim comments aren't on a dbs but if it's even a secret service job...


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well working for the company, the job is a driver doing deliveries? the crime was harassment.

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Ok, only if you're applying for the job. If you've been convicted and it was in the paper they might access the court record though because that's a public document.


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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no access to the interviews ect will ever be given to an employer unless you apply for a job at MI5. All they can get is a short statement about the conviction or if an enhanced check the briefest of statements from a chief constable about intel. The CC wont give out anything extra about a conviction as that is already on public record.

Delivery drivers wont be covered by an enhanced DBS anyway so the employer wont be able to get any more than the 1 line on the standard DBS sheet

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ericsbrother good info. I heard the standard and enhanced DBS checks are the same rules. Its the basic one that has very limited info like only unspent convictions.

 

I heard if its a very serious crime in the high court then your employer has the right to gain more info from the police like sex offenders list etc.

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I heard if its a very serious crime in the high court then your employer has the right to gain more info from the police like sex offenders list etc.

 

High Court? I doubt anything will be based on the court that heard the case, and perhaps your source confused the 'level' of the court and the 'level' of the judge.

Serious crimes are heard at Crown Court at first instance (even the Old Bailey, the Central Criminal Court, counts as a Crown Court, rather than the High Court), although the judge in a serious case (e.g. murder, rape) may be a High Court judge, sitting in a Crown Court.

 

Some jobs allow the employer to seek an enhanced disclosure, where even 'spent' crimes show on an eDBS, as well as "information at the Chief officer's discretion" (intel rather than convictions, such as barring lists or concerns regarding behaviour towards vulnerable persons). This is based on the job, its role, and its access to vulnerable persons, rather than which court heard a particular case.

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