This information was taken from AccessNI's own excellent webpage which is located here at https://www.nidirect.gov.uk/articles/employer-obligations-and-fair-treatment
If a job or volunteering role needs a criminal record check, an employer should:
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.
The standard check is available for certain occupations, licences and entry into certain professions. You'll need a standard check to work as a:
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.
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:
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:
An employer must:
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.
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:
If they start work before the AccessNI check has been received, the employer should tell them the offer is dependent on satisfactory checks being completed.
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.
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.
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.
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.
There is guidance for employers on recruiting people with convictions which occurred during Northern Ireland’s troubles.
If you or a family member have been rejected from employment due to conflict related convictions which happened before the Good Friday Agreement, the Review Panel in Northern Ireland can provide help and guidance.
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.
If you think information is inaccurate on your disclosure certificate, you can raise a dispute:
