Responsible Personnel Vetting for Business Continuity Planning

Do you need to ensure the integrity of employment records and CV claims? Many organisations employ people in circumstances where it would certainly be wise to do so and yet they fail to follow the correct protocols.

This guide to Responsible Personnel Vetting by #ORBmember Clive Bonny of the Strategic Management Partnership explains the reasons why personnel vetting should be considered and how you should proceed.

Many organisations who have or need a Business Continuity Plan fail to consider the Baseline Personnel Security Standard (BPSS). This is a recruitment procedure recognised and approved by public bodies, private employment bodies and business employers to confirm the integrity of employment records and CV claims. BPSS reduces employability risks for anyone in jobs which involve access to sensitive OR confidential information, OR personal OR financial data, OR government offices, OR vulnerable persons such as the young, elderly, sick OR disabled.

SCOPE

BPSS standard covers including checking the integrity of the employee CV, qualifications, nationality, immigration status, identity, employment status, residency, employer references, and criminal records.

OUTCOMES

BPSS enables employers to avoid the pitfalls related to employing persons who may have undisclosed risks, and wish to validate the background of current or prospective employees in responsible positions. It enables external private contractors to supply vetted staff for public bodies or for responsible private posts.

BPSS enables workers to provide proof of their integrity and employability for current or new positions of responsibility. Whilst it does not guarantee work it can improve selection opportunities.

BENEFITS

BPSS reduces risks related to employment law, reputation, earnings and employability.

FOR EMPLOYERS, employee cv data can be inaccurate or misleading, including qualifications, training records, employment records, achievements and references. FRAUD at work will decrease.

CONFIDENTIAL information on employers, employees, markets, intellectual property and client data will be protected not removed or mismanaged. The Border Authority is now giving £10000 FINES to employers who fail to accurately check improper passports, visas and work permits.

FOR EMPLOYEES, many job applications are rejected because they fail to give sufficient independent evidence of employability and integrity. Many employment sectors such as government, charities, health and education require independent written verifications of criminal record checks, and verified proof of identity, nationality, residency, work permits, previous qualifications and employer references.

Employment Checks

Baseline Personnel Security Standard (BPSS) (formally Basic Check) and Enhanced Baseline Standard (EBS) (formerly Enhanced Basic Check or Basic Check +): These are a package of pre-employment checks that represent good recruitment and employment practice. A BPSS or EBS provides an appropriate level of assurance as to the trustworthiness, integrity, and probable reliability of prospective employees and should be applied to:

• All successful applicants for employment in the public sector and Armed Forces (both permanent and temporary)
• All private sector employees working on government contracts (e.g. contractors and consultants), who require access to, or knowledge of, government assets protectively marked up to and including CONFIDENTIAL.

BPSS and EBS are normally conducted by internal recruitment authorities or by companies who have been trained and approved to agreed BPSS quality procedures. They underpin the national security vetting process it is vital that they are carried out properly and thoroughly and before any further enhanced security vetting is completed.

Legal advice relating to Basic Disclosures

In general, employers are free to impose whichever requirements they choose on candidates, as long as they do on a non-discriminatory basis. Accordingly, there is no problem in an employer (Crown or otherwise) requiring a prospective employee to obtain Criminal Record check or BPSS evidence

Data Protection Act 1998

With regard to the Data Protection Act 1998, it is important to note that a requirement to obtain a Basic Disclosure certificate does not amount to an enforced subject access request. This is because under Section 7 of the 1998 Act, the prospective employee cannot exercise his subject access right to require the CRB/Disclosure Scotland to provide the information which appears on a Basic Disclosure certificate. The reason being that data on the Police National Computer is not processed by or on behalf of the CRB/Disclosure Scotland, who simply access that information.

Human Rights Act 1998

With regard to the Human Rights Act 1998, the Government’s position is that there can be no reasonable expectation of privacy under Article 8 of the ECHR in respect of an unspent criminal conviction.
Where an individual refuses to provide or consent to a Basic Disclosure certificate, this will need to be taken into account in any decision to employ.