News

Employment Law Update (May 2009)

Vetting and Barring Scheme delayed

The full implementation of the Vetting and Barring Scheme in England and Wales has been delayed for over another year.  Employers will not now be required to make the new checks on employees until November 2010.

The Vetting and Barring Scheme will affect employers in England and Wales who provide services for children aged under 18 or vulnerable adults, and will replace the separate vetting regimes that currently operate in those sectors.  A similar scheme is also being set up in Scotland, although the implementation date in Scotland has yet to be announced. 

However, certain changes will come into effect in England and Wales on 12th October 2009 and these are:

  • It will become a criminal offence for an employer to knowingly employ a barred person;
  • Employers will have a duty to notify the Independent Safeguarding Authority (ISA) when they dismiss an employee or where an employee leaves prior to being dismissed in certain circumstances;
  • More jobs (most importantly including jobs within the NHS) will come within the framework of "regulated activities".

Why the delay?

In announcing the delay to the full implementation of the scheme, no reason was given by the Home Office or the ISA.  However, the scheme has been postponed on several previous occasions and it is understood that there has been more work than was originally anticipated in obtaining and consolidating information held by the various police authorities onto the new database.

There will be a formal handover of responsibilities to the new ISA on 12th October, and a transition period until full implementation during November 2009 (no exact date has been given).

What will happen during the transition period?

In most cases, employers who already carry out Criminal Records Bureau (CRB) checks should carry on as before.

Employers who employ staff in "regulated activities" that were not previously covered by the CRB scheme may have to carry out CRB checks on new employees as an interim measure.

When will I get further information?

Mentor will provide comprehensive information and guidance to clients on the new scheme and employers' obligations during the transitional period as soon as details become clear.