Employer obligations and fair treatment

During recruitment, an employer might need to check the criminal records of job applicants or volunteers. There are different levels of criminal record check needed depending on the job or role. The employer is responsible for looking after confidential personal information and treating people fairly.

Before asking for an AccessNI check

If a job or volunteering role needs a criminal record check, an employer should:

  • confirm the applicant has the right to work in Northern Ireland
  • tell applicants why an AccessNI check is required, which check is required and how to apply for that check
  • tell applicants that a check for the Data Barring Service (DBS) barring lists is needed for posts in regulated activity  and get their consent to do the check
  • tell applicants how to get independent advice about the AccessNI application process (NIACRO can explain convictions on a disclosure certificate)
  • allow an applicant to explain if their check will reveal a criminal record
  • tell applicants when an AccessNI check isn't needed
  • think carefully about the best time in the recruitment process to do an AccessNI check
  • only check the successful job applicant

When a basic check is required

An employer can ask all job applicants to get a basic check during recruitment. If a job needs AccessNI clearance to apply, you will need to arrange and pay for the basic check.  A basic check isn't suitable for roles working with children or vulnerable adults. If you apply for the incorrect level of check and the certificate has been processed, AccessNI cannot give a refund.

When a standard check is required

The standard check is available for certain specified occupations, licences and entry into certain specified professions. You'll need a standard check to work as a:

  • barrister
  • solicitor
  • veterinary surgeon
  • actuary
  • accountant
  • pharmaceutical chemist
  • security guard

When an enhanced check is required

An individual is eligible for an enhanced check when working in regulated activity or doing some other specific roles.  This might be a legal requirement or a condition of employment.  The role will usually involve working closely with children or vulnerable adults.

An enhanced check for a regulated activity will include a check with the Disclosure and Barring Service (DBS). They keeps lists of people who are unsuitable for work with children and vulnerable adults.

The enhanced check is also available for other specific positions (but without a check of the DBS barred lists), including those working with vulnerable people (but not in regulated activity) or judicial appointments.

Regulated activity with children

This is a role where you work unsupervised with children once a week or more or intensively (four days in a row or overnight). For example, you work in regulated activity if you:

  • teach, train, instruct, care for or supervise children
  • provide advice/guidance on well-being to children
  • drive a vehicle only for children
  • work in a school, children’s home or childcare premises with the opportunity for contact with children
  • provide personal care, for example washing, dressing or healthcare to children
  • are a registered childminder
  • are a foster-carer

Regulated activity with adults

Regulated activity with adults refers to treatment or care for an adult which makes them vulnerable at that time. For example, you are considered vulnerable when you are receiving dental treatment.

You work in regulated activity with adults when you:

  • give healthcare as a GP, pharmacist, nurse, dentist, surgeon or specialist
  • give personal care such as dressing or washing
  • provide social work
  • help with general household work such as handling cash, shopping or paying bills
  • help manage personal affairs such as legal papers
  • bring an adult in a vehicle to receive personal care, healthcare or social care

An employer must:

  • know if a position is regulated activity
  • know the level of check required and when to search the barred lists
  • not employ an individual or engage a volunteer in regulated activity who is on a barred list
  • tell the DBS if the individual poses, or could pose, a risk to children or vulnerable adults

Examples of roles needing AccessNI checks

Nature of work Legal obligation Check

Working beyond the passenger security check in an airport (for example, as an airport employee, in a shop or on the runways)

Department for Transport regulations basic
Working in a care or residential home with adults Department of Health standards enhanced
Working in domiciliary care with adults Department of Health standards enhanced
Working in a day care setting with children and childminding Department of Health standards enhanced
Taxi-driving licence Road Traffic (NI) Order 1981 enhanced, without a barred list check
Fostering children Children's Act 1989 or Children's(NI) Order 1987 enhanced
Adoption of children Adoption (NI) Order 1987 enhanced

For some jobs, employers ask for an AccessNI check in the employment terms and conditions.

Nature of work Type of check
Posts in the Northern Ireland Civil Service and certain other public bodies basic
Working in the security guarding industry standard*

*The Security Industry Authority sponsors this.

Protecting sensitive information

When an employer receives an AccessNI certificate disclosing a job applicant’s criminal record, the employer is responsible for protecting this sensitive information.

Registered bodies must follow AccessNI’s code of practice and handle disclosure information safely and securely.

AccessNI checks and job offers

If a disclosure certificate shows results that make an applicant unsuitable for the post, an employer can withdraw a job offer. An employment contract exists when:

  • the applicant has accepted a job offer
  • all conditions under which the offer was made have been satisfied

If they start work before the AccessNI check has been received, the employer should tell them the offer is dependent on satisfactory checks.

Employing someone who is on a barred list

It is unlawful and a criminal offence for an individual who is barred to work with children or vulnerable adults, or apply to work or volunteer in regulated activity with those groups.

If an employer knows the individual is barred and employs them in regulated activity, the employer is also breaking the law and committing a criminal offence.

AccessNI reports these offences to the police.

Referring information to the DBS

If you dismiss an employee or volunteer because they harmed or would have harmed a child or vulnerable adult, you must report them to the DBS. Even if they resign before formal dismissal, you must tell the DBS. You are breaking the law if you don’t tell the DBS.

Children’s day care providers

Employers who run children’s day nurseries, crèches or play schools must send a notification form about each employee to their health and social care trust. The notification form confirms the outcome of an employee’s AccessNI enhanced check. These employers must give the trust a copy of a disclosure certificate when criminal history information is disclosed.

Employing someone with a criminal record

Employers should treat fairly job applicants and volunteers who have criminal convictions.

If an employer uses AccessNI checks in the recruitment process, they must have a written policy on the recruitment of ex-offenders. Job applicants and volunteers can ask for a copy of the policy.

To read a sample policy for employing someone with a criminal record, go to:

If a job applicant’s criminal conviction is disclosed, an employer should consider its relevance to the job. A conviction should not automatically disqualify someone.

If the applicant is on a barred list, they are breaking the law if they apply to work or volunteer with vulnerable groups in regulated activity.

Employing people with conflict-related convictions

There is guidance for employers on recruiting people with convictions which occurred during Northern Ireland’s troubles. 

How long an AccessNI check is valid

If criminal convictions are revealed on a disclosure certificate, the information is valid on the date the certificate is issued. An employer should check the date the certificate was issued to decide about getting a new one. In certain employment sectors, a new AccessNI check might be needed at different times. For example, to renew a taxi driver’s licence or to get a licence to work in the security industry.

Employers shouldn't take or keep photocopies of an applicant’s certificate. If there is a reason for keeping a copy, for example there is a dispute or complaint, the employer must explain the reason and get the applicant’s permission.  

Employers should not keep a certificate for longer than six months. If the employer needs to keep the copy longer than six months, they must tell AccessNI.

Disputing information on a disclosure certificate

If you think information is inaccurate on your disclosure certificate, you can raise a dispute:

More useful links

Share this page

What do you want to do?
What is your question about?
Do you want a reply?
Your email address
To reply to you, we need your email address
Your feedback

We will not reply to your feedback.  Don't include any personal or financial information, for example National Insurance, credit card numbers, or phone numbers.

This feedback form is for issues with the nidirect website only.

You can use it to report a problem or suggest an improvement to a webpage.

If you have a question about a government service or policy, you should contact the relevant government organisation directly as we don’t have access to information about you held by government departments.

You must be aged 13 years or older - if you’re younger, ask someone with parental responsibility to send the feedback for you.

The nidirect privacy notice applies to any information you send on this feedback form.

Don't include any personal or financial information, for example National Insurance, credit card numbers, or phone numbers.

Plain text only, 750 characters maximum.
Plain text only, 750 characters maximum.

What to do next

Comments or queries about angling can be emailed to anglingcorrespondence@daera-ni.gov.uk 

What to do next

If you have a comment or query about benefits, you will need to contact the government department or agency which handles that benefit.  Contacts for common benefits are listed below.

Carer's Allowance

Call 0800 587 0912
Email 
dcs.incomingpostteamdhc2@nissa.gsi.gov.uk

Discretionary support / Short-term benefit advance

Call 0800 587 2750 
Email 
customerservice.unit@communities-ni.gov.uk

Disability Living Allowance

Call 0800 587 0912 
Email dcs.incomingpostteamdhc2@nissa.gsi.gov.uk

Employment and Support Allowance

Call 0800 587 1377

Jobseeker’s Allowance

Contact your local Jobs & Benefits office

Personal Independence Payment

Call 0800 587 0932

If your query is about another benefit, select ‘Other’ from the drop-down menu above.

What to do next

Comments or queries about the Blue Badge scheme can be emailed to bluebadges@infrastructure-ni.gov.uk or you can also call 0300 200 7818.

What to do next

For queries or advice about careers, contact the Careers Service.

What to do next

For queries or advice about Child Maintenance, contact the Child Maintenance Service.

What to do next

For queries or advice about claiming compensation due to a road problem, contact DFI Roads claim unit.

What to do next

For queries or advice about criminal record checks, email ani@accessni.gov.uk

What to do next

Application and payment queries can be emailed to ema_ni@slc.co.uk

What to do next

For queries or advice about employment rights, contact the Labour Relations Agency.

What to do next

For queries or advice about birth, death, marriage and civil partnership certificates and research, contact the General Register Office Northern Ireland (GRONI) by email gro_nisra@finance-ni.gov.uk

What to do next

For queries about:

If your query is about another topic, select ‘Other’ from the drop-down menu above.

What to do next

For queries or advice about passports, contact HM Passport Office.

What to do next

For queries or advice about Penalty Charge Notices (PCNs), including parking tickets and bus lane PCNs, email dcu@infrastructure-ni.gov.uk

What to do next

For queries or advice about pensions, contact the Northern Ireland Pension Centre.

What to do next

If you wish to report a problem with a road or street you can do so online in this section.

If you wish to check on a problem or fault you have already reported, contact DfI Roads.

What to do next

For queries or advice about historical, social or cultural records relating to Northern Ireland, use the Public Record Office of Northern Ireland (PRONI) enquiry service.

What to do next

For queries or advice about rates, email LPSCustomerTeam@lpsni.gov.uk

What to do next

For queries or advice about  60+ and Senior Citizen SmartPasses (which can be used to get concessionary travel on public transport), contact Smartpass - Translink.