July



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| Criminal Record Checks
July 30, 2018
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Criminal record check did not breach man's human rights

People Management reports how a man did not have his human rights infringed upon when a criminal record check revealed to potential employers he had been acquitted of a crime, the Supreme Court ruled this morning.

AR, who cannot be named for legal reasons, argued that his right to respect for private and family life – article 8 of the European Convention on Human Rights – had been breached when an Enhanced Criminal Record Certificate (ECRC) disclosed he had been charged with raping a 17-year-old woman, even though he was acquitted at a trial in January 2011. 

The man had been working as a taxi driver at the time of the alleged event, although he was also a qualified teacher. The judgment noted that he was of “previous good character”. 

ECRCs are required for people applying for certain types of roles, including jobs involving work with children or vulnerable adults, teachers, social workers, carers and for taxi driving licences. ECHRs are not limited to previous convictions and cautions and can include other intelligence if it is felt to be relevant. 

After AR applied to become a lecturer, details of the allegation and acquittal were revealed in an ECRC, which was based on information supplied by the Greater Manchester Police Force. 

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| Referencing and Verification Services
July 27, 2018
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New EU settlement scheme set to launch in autumn 2018

The CIPD welcomes the publication of a new toolkit by the Home Office to help employers support and inform their EU staff on how to acquire ‘settled’ status in the UK after Brexit.

The move comes as a survey of HR practitioners by the CIPD reveals nearly 9-in-10 say securing settled status — which gives EU citizens the same rights to live and work in the UK as they currently enjoy — would help their EU staff commit to staying. 

The CIPD and its members have played a key part in shaping the overall registration process through the institute’s role on the Home Office’s employers forum on post-Brexit immigrationas well as focus group participation by its members.

The EU Settlement Scheme Employer Toolkit and Briefing Pack provides guidance for employers with non-UK, EU citizens in their workforce. The resource contains information for explaining the EU Settlement Scheme to employees and outlines the steps for them to apply for settled status.

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July 24, 2018
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Salary history ban legislation clarified by California

From October 2017, businesses were no longer permitted to ask job applicants for "salary history information". Instead, they could only ask for a "pay scale" for a position upon "reasonable request".

These terms have now been clarified.

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