Category Archives: Criminal Records Disclosure

Is it enough for an employee to hold a reasonable belief that a disclosure is in the public interest (even if it may not be) in order to have protection under whistleblowing legislation?

Whistleblowing Disclosures Yes, according to the Employment Appeal Tribunal in the recent case of Okwu v Rise Community Action. The Law Under the Employment Rights Act 1996 (“the ERA”), an employee is unfairly dismissed if the reason or principal reason for the dismissal is that they made a protected disclosure (s103A of the ERA). Dismissal […]

The Supreme Court finds aspects of criminal record disclosure checks unlawful

Criminal record disclosure at work The Supreme Court has recently rejected a Government appeal and upheld a Court of Appeal ruling in favour of a group of individuals who said they could not find work because the current statutory regime requires them to disclose old and minor criminal convictions. The Law There are currently two ways in […]

Criminal Records Disclosure

What you should know following recent changes and challenges to the disclosure system I am often asked a question by employers as to whether they can request criminal record information from employees and if they can ask the employee to make a request for their own records, and following some recent cases on the subject […]

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