AccessNI checks and an employer’s legal requirements
An employer is responsible for knowing when basic, standard or enhanced checks are required for jobs or volunteer roles. There are legal obligations for employers when they recruit.
When asking job applicants about spent and unspent convictions, employers must keep to the law on rehabilitation of offenders.
Checks on EU citizens
AccessNI will also check criminal records of some EU citizens in their home countries. This will happen where the applicant:
- holds German, Lithuanian, Polish, Portuguese, Romanian or Spanish nationality; and
- is seeking to work with children in Northern Ireland; and
- a check needs to be made of the list of those not allowed to work with children.
AccessNI will not only check UK criminal records, but also make a request for that applicant’s criminal record to be checked in their home country. If there is any additional information available, this will be disclosed in the AccessNI certificate.
In most cases, applicants don’t need to declare a spent conviction to an employer. But some employers are exempt from this rule. They can ask job applicants or volunteers to apply for an AccessNI check which will reveal spent convictions.
Under the Rehabilitation of Offenders (Exceptions) Order (NI) 1978 employers and licensors can ask applicants exempted questions for specific roles.
Enforced Subject Access
Employers cannot ask an employee or job applicant to request information, on their criminal history directly from the police. It is an offence for an employer to do so. If employers need to check criminal history information they must go through Access NI.
- Enforced subject access - Information Commissioner's Office (ICO) website
- Law change on 10 March 2015 outlaws ‘back door’ criminal record check - Information Commissioner’s Office (ICO) website
Applying for a standard or enhanced check
Registered bodies are AccessNI approved organisations. Only these organisations are authorised to make applications for standard and enhanced checks.
For more information on registered bodies and their responsibilities go to the following nidirect page.
Employers can recheck their staff. It is up to the employer to decide if they want to have a re-checking policy and to decide the intervals for re-checking. Some employers recheck every two or three years. Others rely on employees declaring any changes to their criminal records.
Giving a job to an applicant with convictions
Unless there is a bar, a conviction should not automatically disqualify an individual. An employer should consider if a conviction is relevant to the post.
Sometimes the applicant is committing an offence by applying for the post. An individual on one or both of the Disclosure and Barring Service's barred lists is breaking the law if they apply to work in regulated activity.
For more information on employing someone with a conviction and the Disclosure and Barring Service visit the following nidirect page.
Complaining about information on a disclosure certificate
If you disagree with information on a certificate, you can raise a dispute with AccessNI.