Employment Law Update (August 2009)
New checks on staff set for October
The long-awaited introduction of the Government's Vetting and
Barring Scheme for people who work with children or vulnerable
adults is set to happen from 12th October. Your business
might be affected even if you don't work in the care or education
sectors – find out how below.
Background
The Vetting and Barring Scheme is being introduced as a result
of recommendations made following the Soham murders. The scheme
described here applies to England and Wales but a similar Scheme is
due to be introduced in Scotland during 2010.
At its heart, the Scheme will introduce a central list of
individuals who are barred from working with children or vulnerable
adults.
How the Scheme will work
Eventually, all individuals who work with children or vulnerable
adults will be required to register with a body called the
Independent Safeguarding Authority (ISA). The ISA will check the
individual's name against the barred list, and provided there is no
adverse information, will register the individual. Once registered,
individuals will be subject to continuous monitoring, and employers
will be alerted if an individual they employ is removed from the
register.
Initially, only new employees will be affected, but existing
employees will be required to register within the next five
years.
Employers will be required to check the status of individuals
before employing them in "regulated activities". Employers will be
able to check online that a job applicant is registered.
Wider range of jobs affected
A key part of the Scheme is that it will have much wider
coverage then the current scheme of Criminal Records Bureau (CRB)
checks. The Scheme applies to people who do work in "regulated
activities", and the definition of a "regulated activity" is based
on both the premises an individual works at and the length of time
the person spends at those premises, or the frequency with which he
or she visits the premises.
In particular, the Scheme will affect trades people who do work
at nursery, school, hospital or care premises, even if their work
is not care-related. Examples might be builders,
electricians, plumbers, and painters/decorators. The key
point is how frequent or lengthy the tradesperson's work at the
premises is. The regulations specify that anything that is
"frequent" (once a month or more) or "intensive" (on three or more
days in 30 days or "overnight" (between 02.00 and 06.00 if children
or vulnerable adults are present) would come within the definition
of "regulated activity" and require the employee to be
ISA-registered.
Other "regulated activities" affected include the transportation
of children or vulnerable adults; training and face-to-face advice
services.
What will happen on October
12th?
On October 12th 2009, a new criminal offence of
knowingly employing a barred person in a regulated activity will
come into effect.
To add to employers' difficulties, the new Register and online
checking facility will not be up and running until November 2010,
so employers will be required to undertake Criminal Records Bureau
(CRB) checks on new staff who work in "regulated activities" in the
meantime.
Education and care providers are likely to be particularly
sensitive about who they will allow onto their premises to
undertake work, at least until everyone gets used to using the new
definition of "regulated activities". Employers may find themselves
being asked to undertake CRB checks on employees who do not in fact
come within the scope of the Scheme before they are allowed onto
the premises.
Further help
- Our Telephone Advice Service should always be your first point
of contact if you encounter difficulties;
- Mentor will provide additional information during the coming
months to assist you.