CRB worries, what are my rights??

[dogmonkey]

Hi All

 

I've recently been asked by my employer if I have any objections to being subect to a CRB check, this is not actually a request on behalf of my employer but rather one of our customers has demanded that all of our staff have a CRB check. No CRB check, no customer. As the client is dealing with fiancial institutions as opposed to schoosl etc my guess is that this will be a standard check.

 

This sounds fishy to me, can a customer demand such a check and if so what are their rights to view the results of the check. Surely this should be subject to strict privacy conditions i.e. a matter for only myself and our HR dept.

 

Regarding the actual data returned from the check I'm only really concerned about a driving ban from 31 years ago. Also about 25 years I got drunk and recieved a telling off from the police with a quick visit to to the cells for a couple of hours then sent home. Don't think I was arrested or even cautioned but can't remember much about the night due to being drunk..... Surely neither of these wil show up?

[honeybee13]

Hello there. I'm sure you will have other replies, but I would suggest you check out the information commissioner's website, ICO, about confidentiality. They also have a helpline if you need it.

 

Are these incidents relevant to the job you do?

 

HB

[dogmonkey]

Hi Honeybee

 

Not really relevant, I have a company car as a perk but as the DD was 31 years ago and as I'm well into middle age it has no effect on insurance etc. I work in IT networking consultancy, very very occasionally in schools but purely as a technician and working only with networking equipment, usually after hours or during the various holidays.

[Sidewinder]

My guess would be that neither of these events would show up on a standard check.

 

In either event, this should not affect your employment one iota. What would they do in the event that the CRB does come back with a marker? They cannot at this stage make continued employment subject to a satisfactory CRB check as that would constitute a major change to your contract. If the CRB were to come back with convictions for theft or fraud, then perhaps the client might be able to insist that you do not work on their premises, but it could not be made a disciplinary matter with your employer unless there is an existing clause in your contract about such information coming to light.

[dogmonkey]

Many thanks all for the replies.

 

As far as I'm aware there are no clauses in my contract re these offenses, a new contract is pending that may or may not have this included. This requiring a major change to the contract is of some concern as the company do have a record of changing work conditions without warning or even notification, e.g loss of company perks, sudden lowering of mileage allowance etc etc. I was considerning obtaining legal advice when the new contract is received but I think this is essential.

 

My main concern is confidentiality, I do have serious concerns that the results of the check may be shown to a 3rd party without warning or consent. In this case I think I'll take the advice to ring the helpline pronto...

[honeybee13]

I would suggest a chat with ACAS's confidential helpline, more than one chat if you don't get all the answers you need. They should either put your mind at rest or talk you through possible remedies. You can also check out the system on the ACAS or directgov websites.

 

My best, HB

[LifeSuxSumtimes]

Driving offences are summary charges, not criminal charges and therefore don't normally show up on a CRB check.

 

However, if you had assaulted someone whilst drunk, and had either received a caution, or been found guilty, then this would show up on a CRB check.

[misselle]

i believe the driving offence would should up on a standard CRB there are verry little differences between a standard and enhanced CRB roa is applied to neither of them and enhanced has lists checks. i could be corrected however as i dont do CR checks but i do process criminal record checks within scotland. as for the other thing i beleive it would probably gone down as no further action on your record if there were no charges or cautions