GET 24/7 LEGAL ADVICE

020 7387 2032

In order to recruit the best staff for the job, an employer will anticipate a certain skill set and attributes they wish in prospective employees. Beyond the point of hiring, an employer will often wish to establish a probationary period to ensure a new recruit is meeting expectations.

An employer can never unlawfully discriminate in their recruitment processes. Depending on the type of business the employer operates, disclosures as to criminal background can be requested by an employer. Further, there are data protection and retention issues even where a candidate is unsuccessful for a role.

Data protection

Under the Data Protection Act 1998, employers who process individual’s personal data must adhere to the principles prescribed in the Act, which require that the processing of the data is for a lawful purpose and is relevant to that purpose, and that the information is accurate and is held for no longer than necessary.

In the course of the recruitment process, a candidate must be notified of any use the employer will make of the personal information they share, and clearly indicate for how long that information will be retained.

Discrimination

Under the Equality Act 2010, an employer cannot explicitly or implicitly discriminate against anyone on the basis of a protected characteristic. This includes where an employer might indicate they cannot accommodate persons with disabilities.

Criminal convictions

Unless an exception applies, an employer cannot refuse a candidate due to a criminal conviction of up to four years if that conviction is spent. Being “spent” in England & Wales refers to a statutorily prescribed rehabilitation period after completion of a sentence. With custodial sentences this period can be up to seven years.

Many jobs will however require a criminal record check. In the UK there are three levels of record request: (1) a Criminal Conviction Certificate (CCC); (2) a Criminal Record Certificate (CRC); and (3) an Enhanced Criminal Record Certificate (ECRC). A CCC will not disclose spent convictions.

Employment sectors where exemptions apply and criminal records disclosures are required include medical and legal professions, accountancy, education, social services and positions that involve working with children.

Probationary periods

Many employers will purport to have a probationary period at the outset of employment, during which time initial performance is reviewed. A probationary period cannot interfere with a new employee’s statutory rights, including that against unfair dismissal. From the day an employee commences work, the employer must adhere to any disciplinary policy they operate and provide proper notice to a new employee if they wish to dismiss them.

Employment Law - Information on Fees

For information on fees and funding relating to Employment Law cases, please see our information page.

Contact our Employment Law Solicitors Mayfair and throughout London Today

It is important to find the balance between vetting candidates to find those best suited to the job and respecting the statutory rights of candidates and new employers, otherwise an employer can leave themselves vulnerable to legal claims.

At Lewis Nedas, our Employment Law Solicitors have over 40 years ’ experience advising and representing national and international companies. Our Employment Lawyers have joined the Office Essential Network, which is a specialist organisation aimed at assisting young start-up businesses requiring advice on employment issues, including recruitment processes.

To speak to one of our Employment Specialists, please call us on 020 7387 2032 or complete our online enquiry form.

key contacts

Please let us know your name.
Please let us know your email address.
Please enter a valid phone number
Invalid Input
Please let us know your message.
GDPR Agreement - I consent to the information supplied above to be stored on this website so that Lewis Nedas Law can respond to my enquiry.
Invalid Input

Top Ranked Lawyers: Legal 500 

Celebrating 40 years of practice in 2022, we are leaders in criminal defence, serious fraud, serious crime and many other areas of legal practice. We have been involved in many leading cases over the last 40+ years and are well known for our genuinely high acquittal rate and overall success rate. Please click the Legal 500 logo below for more information about our rankings.

We are happy to help

Get 24/7 Legal Advice, call

020 7387 2032

“I was put in touch with Lewis Nedas Law through a mutual friend and I was not disappointed. The team were nothing but straight forward, honest and realistic about the nature of my case and the expected outcome from the minute I got in contact and were willing to take over from the previous company at very short notice. With their unrivalled experience and expertise in their profession the outcome was even better than expected and I couldn’t recommend them enough.”


Accreditations and Awards

  • Legal 500 uk leading firm 2024
  • The Times Best Law Firms 2024
  • Legal 500 uk leading firm 2022 50x73
  • The Times Best Law Firms 2022
  • Google 5 stars