UK based people offering jobs only

[Jake2o]

Hi there,
There are some people offering employment on here with a caveat that an applicant must undergo a DBS/enhanced check. I must point out that in most cases this requirement is actually illegal and the person requesting it is committing an offence.
There is literally no case whereby a a photocopier engineers job would require them to have a DBS check. This requirement is being added as a way to circumvent the rehabhilitation of offenders act that states that when sentence is served and 'spent' a prospective employer does not need to know and cannot request information. Please ensure that DBS checks are being used in accordence with the law it is not a legal defence to say that the contract with a customer required it, the clause in any contract is void and it is the person asking the applicant who commits the offence not the person making the contract.

[juliano]

Re: UK based people offering jobs only

I am one of those who stipulate the check......we do so because 95% of our clients will not let us in the building without passing such checks...on some occasions we have had to supply proof of DBS checks whilst our engineer waits outside! So, I am an example of where it is required....

[ThisPete]

Re: UK based people offering jobs only

[snip] on some occasions we have had to supply proof of DBS checks whilst our engineer waits outside! So, I am an example of where it is required....

If you supplied a customer of mine with 'proof' of a DBS check, I would haul you through the courts citing data protection violations.


If however, you mean you would provide them with a letter confirming I'd been DBS checked (without showing them the actual documentation), that would be a different thing entirely...


Which do you mean?

we do so because 95% of our clients will not let us in the building without passing such checks...

That beggars belief.....

[Jake2o]

Re: UK based people offering jobs only

I am one of those who stipulate the check......we do so because 95% of our clients will not let us in the building without passing such checks...on some occasions we have had to supply proof of DBS checks whilst our engineer waits outside! So, I am an example of where it is required....

I run my own business and voulenteer with a charity that means I go into schools and 6th form colleges. I do not show a DBS when asked. I give a talk to a classroom or assembly hall and do not legally require a DBS. Dept. for Education agreed with the charity when they were challenged.
It is a criminal offence to require/demand a DBS when the work being carried out does not fall within the rules set out in the law.
You may not be 'an example of where it is required'
It is a single person working on a single site - and where the work carried out is done so in a place where children have no access it does not count.
If the customer is a council in charge of 20 schools it does not matter unless the contract stipulates that a single engineer shall visit every Monday afternoon.
Example:-
A scaffolder put up scaffolding around a school to facilitate access to the roof he will be there in the school grounds and playground for 4 consecutive days. He does need a DBS check - as he is in a place where children have access for more than 3 consecutive days in a week.
A builder who uses that same scaffolding to carry out work on the roof that will take 3 weeks to complete. He does not need a DBS check - as his work is in a place that the children have no access. (passing through the carpark is not counted as it is not a regulated place)

You can only ask for basic disclosure that does not inclued barred lists or spent convictions so unless the conviction was in the last 3 years or so it will not show up. Any enhanced or enhanced plus checks that would show everything is tightly controlled. Photocopier engineers do not require them.
Customers who demand it are actually breaking the law