Podcast Location:
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Employment Law
Information & Data Protection Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

The aim of this podcast is to familiarise the listener with some of the common legal issues that occur when vetting prospective employees. It looks at the various ways information about a given candidate might be used by a prospective employer in a sifting process and what rights of challenge an individual has to access information gathered about them.

This podcast covers the use of references and CRB checks, statutory banning lists for particular kinds of work, the work of the Independent Safeguarding Authority, informal recruitment blacklists and personal information available about candidates on the internet.

After completing the course you will:
  • Understand issues of data protection, privacy and access to personal information in the recruitment process;
  • Appreciate the role of references;
  • Understand the role of the Criminal Records Bureau and what information is contained in a CRB check;
  • Know the consequences of being placed on a statutory banning list;
  • Understand what rights an individual has to challenge information held about them by third parties to prevent prejudice being done to them.
Intermediate Difficulty: 3 of 5
Case Update
Legal Principles
Practical Guide
Sources and References:
  • Spring v Guardian Assurance [1994] UKHL 7;
  • Hedley Byrne v Heller [1964] AC 465;
  • Data Protection Act 1999 (Sch 7);
  • s.4 Rehabilitation of Offenders Act 1974;
  • Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (SI 1975/1023);
  • R (Pinnington) v Chief Constable of Thames Valley [2008] EWHC 1870 (Admin);
  • R (B) v Secretary of State for the Home Department [2006] EWHC 579 (Admin);
  • X v Chief Constable of the West Midlands Police [2004] EWCA Civ 1068;
  • s.142 of the Education Act 2002;
  • Protection of Children Act 1999;
  • Care Standards Act 2000;
  • R (on the application of Wright and ors) v Secretary of State for Health and another [2009] UKHL 3;
  • R (on the application of G) v X School & Y City Council [2009] EWHC 504;
  • Safeguarding Vulnerable Groups Act 2006;
  • Employment Relations Act 1999.

In this podcast Timothy Pitt-Payne looks at the juncture between employment law and information law in the recruitment process and the vetting of candidates for prospective employment. This podcast will be of interest to practitioners in employment law but also to those who work in Data Protection and information sharing.

Podcast reviewed: 26/11/10

Podcast last reviewed: 2011-07-25

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