You leave this court without the slightest stain on your character, except…

disclosure and barringCRB checks, DBS checks or ECRCs, whatever they are called, criminal record checks have become an integral part of many employment and recruitment procedures.

The object is laudable: to protect children and vulnerable people from coming into contact from those who are unsuitable to be among them. However, a decision of the Supreme Court at the end of July has exposed an interesting aspect of enhanced checks that many people did not realise and which raises interesting questions concerning our justice system and how mere involvement in a criminal process without any finding of wrongdoing can still result in a disclosure which can call into question the suitability of the individual concerned.

The case concerned someone known as “AR” (he cannot be named for legal reasons, a qualified teacher who was found not guilty of rape in 2011 after a Crown Court trial.

Although he was found not guilty, details of the allegation and the verdict were included in his criminal records certificate. Following hearings on 21 November 2017 and 23 April 2018, Lord Carnwath delivered the judgment of the Supreme Court. The respondents were the Chief Constable of Manchester Police and the Home Secretary.

In a report into the operation of the criminal records legislation, its author Sunita Mason pointed out that there was:

“…a degree of dissatisfaction with a system that has evolved with the laudable aim of protecting vulnerable people but is now viewed by some as intrusive and an unnecessary bar to employment. There is also concern that some people may be treated as ‘guilty until proven innocent'”

As a result of her report there were amendments to the legislation including a right to request a review.

Do employers need a “healthy emails policy”?

email inboxEmployees are more connected than ever when it comes to accessing work systems and emails remotely. While advances in technology mean that employees and employers alike can benefit from flexible working arrangements, it also means that it has become increasingly hard for employees to ‘clock out’ at the end of the day. Improved accessibility can therefore be both a blessing and a burden. Employers should be mindful of the impact that being connected beyond the 9 – 5  may have on members of staff and how this may in turn effect the overall productivity of the team and the business.

A report by the Future Work Centre, based in London, found that two of the most stressful habits employees could foster were leaving emails on all day, and checking emails outside working hours – namely early in the morning and late at night. Answering correspondence outside of working hours can lead to clients and customers developing unrealistic expectations of the service that they should receive. The danger is that the bar for an appropriate response time is raised ever higher.  Constant engagement with work emails and the associated stress on employees will have a big impact on the productivity of a workforce. Britain is now the second least productive economy in the G7, behind Japan with the most productive being America, Germany and France.

The French government has taken a pro-active approach to increasing the productivity of their nation’s workers by using legislation to achieve a more desirable work/life balance.