Employment DBS checks

Curlysue11

Thanks everyone I’m realising I’ve possibly over thought it 😳, it felt unnecessarily intrusive after I’ve been there such a long time already, and I didn’t like the threats from them if it wasn’t done, but I guess it’s just something I should agree to

Savvy_Sue

https://forums.moneysavingexpert.com/discussion/comment/82178509#Comment_82178509

I agree you've been overthinking it. And your first post didn't really indicate a serious 'threat' beyond referral to HR - and that's really the mildest they can do. Consider the alternatives - we want to do a DBS check, but if you don't agree nothing will happen? Although your manager / department may do the initial checking (of your passport, driving licence, proof of address) it will be centrally logged by HR as to who's had theirs done and whose is still outstanding.

And as already stated, you'd be hard pressed to find work anywhere else without being willing to show your passport - proof of Right To Work is a key part of getting a new job.

elsien

Credit to the OP for listening to the views and taking them on board instead of stropping off,which some people do.

EnPointe

https://forums.moneysavingexpert.com/discussion/6687801/employment-dbs-checks

what is the role ?

if it is role which is determined ot require a Standard or Enhanced DBS and you decline/ refuse to obtasin one you may well have been determined to have Frustrated your Contract

Marcon

https://forums.moneysavingexpert.com/discussion/comment/82179485#Comment_82179485

No - frustration applies where an unforeseen event outside the control of the parties makes performance of the contract impossible. Matters could be remedied simply by the employee agreeing!

EnPointe

https://forums.moneysavingexpert.com/discussion/comment/82179516#Comment_82179516

https://www.access2hr.co.uk/frustration-of-contract-in-employment-law-what-it-means-for-your-business/

" Legal or regulatory changes
Sometimes, government regulations or legal changes make it impossible to continue specific roles. For example, restrictions that prevent your business from operating certain services could frustrate related employment contracts."

Marcon

https://forums.moneysavingexpert.com/discussion/comment/82179520#Comment_82179520

Frustration only applies where the situation cannot be remedied, as the definition you've quoted says. It isn't 'impossible to continue specific roles' where an employee chooses not to agree to a DBS check, but agreeing to the check would remedy the situation. It's a very important distinction - if the employee creates the stumbling block, they can't then blame the employer when dismissal follows!

monkey-fingers

Late to the chat but…..

These days, to get any job, you need to show the same things. Because the "Right to work in the UK" is on the employer, they'll insist on passport, driving licence or similar (aware some people don't have these, but there are other docs).

Even for me to work as a contractor under my own Ltd, I still have to show these to my agency. Applies to self-employed people too working for other businesses.

Savvy_Sue

https://forums.moneysavingexpert.com/discussion/comment/82184397#Comment_82184397

Your driving licence is only useful as a proof of address in RtW checks. You can get a driving licence without having the RtW.