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Employment Tribunal Advice needed please
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Regarding it being illegal to ask for a CRB unless it's mandatory I'm afraid isn't true - edit - sorry, having re-read that post, I think I misunderstood. I'm sure it's true that you have to have reasonable grounds to ask for a CRB check before you do so - however, services can ask for one, even if they're not legally required, if the work involves contact with vulnerable groups.
Technically speaking, day services such as mine do not require a CRB (shocking recent discovery), but I have never worked in a day service that doesn't ask for one - it's just good practice.
Further to that, someone who is dismissed on a safeguarding matter is highly likely to be referred to the Independent Safeguarding Authority to be placed on the debarred list. If a person is on this list, they can never work with the vulnerable group/s (usually children AND adults) - it is illegal for the person to attempt to gain such employment and for an employer to recruit someone on this list to a post working with a group from which they are barred.
To have breached policies and procedures that safeguard vulnerable people is enough to be put on the debarred list.0
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