Despite the Rehabilitation of Offenders Act, some employers try to seek a higher level of criminal record check than they’re entitled to. Sadly, the Disclosure and Barring Service (DBS) don’t have any process in place to flag up potentially ineligible checks; they assume that any application submitted is eligible for the level of check applied for.
If you believe that an employer is trying to carry out an ineligible check then the onus is on you to challenge this; either directly with your employer or through the DBS.
We’ve updated our challenging an ineligible check page to provide templates which you can use to challenge an ineligible check through the DBS. These can be used as a guide to help you write your own email.
As part of our fair access to employment project, we’re working to reduce the number of unlawful checks being carried out by the DBS. We’re keen to hear from anyone who believes that an employer has carried out a standard or enhanced check for a role that wasn’t eligible for that level of check and an employer has subsequently taken into account spent convictions or other information from the police that they were not entitled to see.