Employer obligations and fair treatment

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 occupations, licences and entry into certain 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 keep lists of people who are unsuitable for work with children and vulnerable adults.

• Disclosure and Barring Service

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

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

*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.

• Apply for an enhanced check through a registered body

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:

• Sample policy on recruitment of ex-offenders

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. 

• Employers' guidance on recruiting people with conflict-related convictions

Finding employment if you have conflict related convictions

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.

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:

• Disputing an AccessNI certificate

More useful links

• Checking job applicants, employees and volunteers
• AccessNI registered bodies
• AccessNI training
• AccessNI umbrella bodies