If you’re involved in recruitment or run a business, it’s essential to know the implications for employers not performing DBS Checks.
Employers who do not perform DBS Checks on staff when they are legally required to do so leave themselves open to being sued, endangering society and suffering significant reputational damage.
For a wide range of professions, DBS Checks are compulsory. As a general rule staff seeking to become employed at, or to volunteer for, a company whose business involves working with children or vulnerable adults will need to be screened for their suitability in the role using an Enhanced DBS Check.
The law necessitating an Enhanced DBS Check is the Police Act 1997. If a profession is listed in this legislation, then screening is required to ensure that an employer does not hire staff from either of the two barred lists – the DBS Children’s Barred List or DBS Adult First. Other laws governing the need for screening employees are The Rehabilitation of Offenders Act 1974 and the Safeguarding Vulnerable Groups Act 2006.
Implications for employers not performing DBS Checks
Employers who do not perform DBS Checks on staff who require it are liable to face legal action and could be sued. Moreover, if an employee is subsequently fired due to either causing harm or having the potential to do so, failing to refer that individual to the DBS is also a criminal offence.
It goes without saying that one of the biggest implications for employers not performing DBS Checks is the potential for an employer’s staff, clients or customers to suffer emotional or physical harm.
An employee’s suitability to work with vulnerable adults or children cannot be determined without carrying out a DBS Check and failing to do so puts others’ safety at risk.
Another major implication is the reputational damage experienced by the employer. Having to fire a member of staff or pay a heavy fine is a short term dilemma – but reputational damage can last significantly longer and be very difficult to repair. Once an employer’s judgement, recruitment process and safety record are called into question, it loses credibility and its name becomes tarnished.
If you are an employer and would like more information about the implications for employers not performing DBS Checks, please call us on 0800 197 8858 or email email@example.com – we’d be happy to help.