Strengthening Pre-Employment Screening Amid Employment Rights Bill Changes

Advocating Stronger Background Checks in Light of Legislation Change

Given the recent introduction of the Employment Rights Bill and the removal of the two-year qualifying period for unfair dismissal claims, it's more crucial than ever to now consider the benefits of more robust background checks during pre-employment screening.

?While concerns about potential discrimination claims have been raised, the advantages of thorough background checks far outweigh the risks, ensuring a safer and more productive workplace.?

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Mitigating the Risk of Bad Hires

The primary reason for adopting comprehensive background checks is to mitigate the risk of hiring individuals who may pose any identifiable threat to the organisation.

With the removal of the two-year qualifying period for unfair dismissal claims, employers face increased challenges in dismissing unsuitable employees.

By conducting thorough background checks, employers can identify potential red flags early in the hiring process, reducing the likelihood of making a bad hire that could be difficult to dismiss once they have been onboarded.

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Enhancing Workplace Safety and Security

Robust background checks are essential for enhancing workplace safety and security.

Traditional employment screening methods, such as reference checks and criminal record verifications, are no longer sufficient to protect employers from potential risks.

Modern employment screening policies must incorporate a comprehensive range of checks tailored to specific roles and sectors.

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These checks should be considered for inclusion, depending on the role and the risks:?

• Digital ID Checks: Ensuring the authenticity of an applicant's identity.
• Financial Probity Checks: Identifying any financial irregularities such as CCJs, IVAs, or bankruptcy that could indicate potential risk factors for fraud or theft.
• Directorship Checks: Identifying barred directors and revealing conflicts of interest.
• Social Media and Adverse Media Screening: Providing crucial insights into a potential employee’s public behaviour and reputation.
• PEP (Politically Exposed Persons) and Sanctions Searches: Identifying individuals who may pose a higher risk due to their political connections or presence on international sanctions lists.
• Verification of Professional Registrations and Academic Qualifications: Ensuring candidates possess the necessary credentials and expertise for their roles.
• Fraud Checks, Right to Work Verifications, and Driving Licence Checks: Vital components of a thorough background screening process.
• Criminal Record Checks: Checking an applicant's visible criminal record. Employers must balance the understanding that 1 in 4 people of working age in the UK have a criminal record with ensuring they do not discriminate against these individuals unless there is a clear justification or regulatory restriction for the specific role.

By implementing these comprehensive background checks, employers can create a safer working environment, reduce the risk of workplace misconduct, and protect their organisation's reputation, co-workers, and assets.

?This proactive approach to vetting and screening not only enhances security but also fosters a culture of trust and integrity within the workplace.

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Protecting Company Reputation

The reputation of a company is one of its most valuable assets. Hiring individuals with a history of dishonesty, fraud, or other unethical behaviour can significantly damage a company's reputation.

Comprehensive background checks help protect this asset by identifying risks early and ensuring that only individuals meeting the organisation's requirements and risk thresholds are brought on board.

This not only safeguards the company's standing in the eyes of clients, partners, and the public but also fosters a culture of integrity within the organisation.

Moreover, employment screening is not only about the employer's risk appetite but should also be about mitigating the risk of others, particularly the media, using publicly available information about their employees to harm the organisation or the individual's reputation.

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Compliance with Regulatory Standards

In many industries, background checks are not just a best practice but a legal requirement. However, the current industry standards are often outdated and represent only a minimum standard.

Employers would be well advised to adopt a modern risk-based approach to pre-employment screening and ongoing vetting of staff.

This approach not only ensures compliance with the baseline level for regulatory standards but also delivers significant benefits to organisations by ensuring excellence in this regard.

By implementing comprehensive background checks, employers can identify potential risks early and avoid the legal repercussions and fines associated with negligent hiring practices.

This is particularly important in light of new requirements under the Worker Protection Act 2023 which came into force in October 2024, which mandates measures being actively taken to prevent workplace sexual harassment.

By going beyond the minimum standards and adopting a comprehensive, risk-based approach to background checks, employers can create a safer, more secure workplace, protect their reputation, and ensure compliance with both existing and emerging regulatory requirements.

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Improving Hiring Decisions

Background checks provide employers with a more comprehensive understanding of a candidate's history, enabling better-informed hiring decisions.

By assessing factors such as employment history, educational qualifications, professional certifications, and publicly available online risk factors, companies can ensure that they are bringing on board individuals with the right qualifications and experience for the job.

This thorough vetting process helps to filter out unqualified candidates, leading to a more capable and competent workforce.

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Conclusion

While concerns about potential discrimination claims are valid, the benefits of robust background checks in pre-employment screening far outweigh the risks.

By implementing a truly comprehensive and modern background check policy, UK employers can:

• Mitigate the risk of bad hires
• Enhance workplace safety and security
• Protect their company reputation
• Ensure compliance with regulatory standards
• Improve their overall hiring decisions to build a strong and reliable workforce

This proactive approach is essential for building a strong and reliable workforce in an increasingly competitive job market.

As the adage goes, “knowledge is power” and “trust, but verify” – principles that remain crucial in modern employment screening.

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