Employees
Employees have a responsibility to report any relevant changes of circumstance to us. Our code of conduct requires this. These include
- any criminal investigations, convictions or warnings
- any other relevant information which a reasonable employer might consider to impact on their employment
Employees must discuss with their line manager any problems which may impact on their suitability to work with children and adults. We will provide appropriate support or action. Failure to disclose convictions with the line manager may result in disciplinary action.
Any existing employee may have to undertake a DBS re-check. Refusing to comply may result in them being subject to disciplinary action for deliberate and, or, unreasonable:
- refusal to carry out lawful and safe instructions
- to comply with a contractual agreement
We will maintain confidentiality in line with our policies. We may need to share information where concerns arise about the welfare or safety of children or adults. We have a responsibility to protect the safety and welfare of children and vulnerable adults. Any information sharing about an employee's conduct or criminal records will be in accordance with relevant legislation and policy. Information will only be shared as is necessary in the circumstances.
Re-checks for employees
We can legally re-check our employees at a frequency determined by ourselves for posts with:
- an enhanced DBS check
- or, an enhanced DBS check with barred list
For example, employees in children’s regulated services are subject to a three yearly re-check.
In addition, where there are reasonable grounds, we may ask existing employees to re-apply for an enhanced DBS check or enhanced DBS check with barred list. For example, if their actions or activities give cause for concern.
The grounds for a cause for concern could include:
- allegations of suspicious, or
- inappropriate behaviour
In such instances, there will be a full investigation as per our disciplinary policy. We may take legal advice in respect of this request.
Refusing to comply with a request for a DBS check may result in disciplinary action.
Unauthorised disclosure
The unauthorised disclosure of information about a 'spent' conviction is unlawful. This is revealing someone's criminal record other than in the course of official duties. Serious misuse of a person's criminal record could result in:
- a prison sentence of up to six months
- or, a fine of up to £1,000
- or both