Make a job offer and pre-employment checks

Pre-employment checks - data protection issues

There are some vital rules you should keep in mind in relation to pre-employment checks:

• Only carry out checks which are necessary.
• Think carefully about the best point in the process to carry out the different checks.
• Where possible only check the successful applicant.
• Let applicants know what checks will be made and how they will be carried out.
• Make sure that checks are carried out for a specific purpose.
• Only use sources which will reveal relevant information.
• Don't rely on information that may come from sources you do not trust. If a check reveals adverse information about an applicant, give them the chance to explain it.
• If a third party is to be involved in the process, eg a previous employer not listed as a referee, let the applicant know.

You can read information on employment practices and data protection on the Information Commissioner website. It offers advice to employers on the way in which information about employees should be both used and kept.

The code looks at how details from health checks and references are used.

Criminal Records Bureau disclosures
You can download the code of practice and guide for registered persons and other recipients of disclosure information from the Criminal Records Bureau website (PDF). It urges employers to ensure such information is kept confidential.

Subjects covered in this guide

• Introduction
• Make the decision
• Making the offer
• References
• Health checks - when are they appropriate?
• Checking qualifications
• Work with at risk adults and children
• Applying for a criminal records check
• Withdrawing job offers where checks are not satisfactory
• Pre-employment checks - data protection issues