The Issue ...
"Construction People Recruitment Solutions Ltd
We require 10 labourers to join our clients team for ongoing contracts. The applicants must have a current CRB check in place. Only people who can provide proof of this by means of a certificate will be considered.
The work may involve some travel in the UK but will not usually require lodging away. Interested candidates should forward their details and a copy of their CRB certificate by email to or fax to 01274 531599 or post to the address provided.
Our client is extremely busy with work throughout the year."
DBS eligibility guidance, v1, December 2012
DBS checks: eligibility guidance
"Under the Rehabilitation of Offenders Act 1974, a person with a criminal record is not required to disclose any spent convictions unless the position they are applying for, or are currently undertaking, is listed as an exception under the act.
Your Legal Responsibility
Before an organisation considers asking a person to make an application for a Disclosure and Barring Service (DBS) check, they are legally responsible for ensuring that they are entitled to ask that person to reveal their conviction history.
The information below includes the latest amendments introduced as a result of the Protection of Freedoms Act 2012 and describes occupations that are known as the exceptions to the Rehabilitation of Offenders Act 1974. This is not an exhaustive list as some roles included in the list of exceptions obtain conviction information via other means.
The Ministry of Justice has stated that organisations should not insist that a DBS check forms part of a recruitment exercise or bid when tendering for contracts, unless the services provided meet the criteria for an eligible DBS check as defined by the exceptions, as this would breach employment law."
Version 1.2, September 2012
CRB Disclosure & Barring: Frequently Asked Questions
"6.1 Can I make it a contractual obligation for my service provider to CRB check their
employees and contractors?
Yes, however you cannot ask for all staff to be CRB checked, as the same rules apply to eligibility and it is not necessarily the case that all staff within the contracted organisation will need, or be eligible for a CRB check. You are also not able to ask the contracted organisation for copies of the completed disclosures. A familiar misconception surrounds contractors whose services involve working in council or private dwellings and thus assume that individuals living alone, especially the elderly, are all vulnerable.
If any contracting authority or tenderee is unsure if a position of employment warrants a CRB check they should contact the Customer Service department at CRB ... It should be noted that it is illegal to insist that a CRB check forms part of a tender, unless the services provided meet the criteria for an eligible CRB check as defined by the Exceptions Order of the Rehabilitation of Offenders Act 1974."
Spent or Unspent Convictions on CRB (FOIR)
Protection of Freedoms Act 2012