Here in the UK, most of us are familiar with the concept of doing criminal records checks on workers. Over the years, these have been called different things. They used to be called CRB checks, but are now DBS checks. DBS stands for the Disclosure and Barring Service. The one main limitation to the DBS system is that it is UK only. There is no way for police in any part of the UK to access records held by police overseas. That’s usually not a problem if you are recruiting people who have lived in the UK all of the lives. However, it raises all sorts of problems when taking on workers from overseas. There’s no point in asking them to apply for a DBS check as they have no history in the UK. So how do employers go about doing criminal records checks for overseas applicants?
Checks are Job Dependent
It’s worth remembering that employers should have a clear and consistent policy on how to run checks. Deciding to ask only overseas applicants for criminal records checks could be discrimination. Either do checks on everyone, or nobody. Secondly, remember that it’s not a legal requirement to do DBS checks for many jobs. Only jobs involving “regulated activity” need standard or enhanced DBS checks. A basic check, which shows only current criminal offences which are not “spent”, can be done for any type of job. It’s your job as an employer to make sure you’re doing the right sorts of checks. It’s against the law to ask for an enhanced DBS check when the role doesn’t require one.
Asking for Overseas Checks
The tricky thing about getting overseas police checks is that there is no one, standard format. Each country has its own laws and processes. Most countries can issue some sort of certificate detailing an individual’s police record. These are sometimes called certificates of good character, or proof of good conduct. There is lots of information online about the equivalents to DBS checks around the world.
Employers usually don’t have the legal power to run this type of check. The applicant has to drive the process forward. If the person you want to employ is already in the UK, the best thing to do is contact the embassy and ask for their advice and help. If the applicant is still overseas, they should be able to get help from the police locally. Fees also vary wildly between countries for providing certificates.
Certificates, storage and keeping on the right side of the law
Once the applicant has their certificate of good condut, they should show you the original, not a copy. If the certificate isn’t written in English, then you can ask for an official translation. Employers should make a copy of the certificate if they wish, and return the original to the applicant. These certificates often contain sensitive, personal data and should be stored securely. That means keeping them under lock and key. If stored online, they should be password protected, with limited access.