Member Article

Phoney airline pilot ‘landed planes at Gatwick’

Pre-employment checks: what organisations need to think about?

This week, a man who forged pilot’s qualifications to get a job as a commercial airline pilot obtained a job with Libyan airline Afriqiyah Airways.

He operated an Airbus A320 aircraft for eight months after forging his licence and medical certificates and had flown passengers into Gatwick Airport on eight occasions without the proper licence and medical documentation.

Afriqiyah Airways said ; “We are currently investigating this matter but we understand that his engagement may have been arranged through a third-party broker who should have vetted his documentation and credentials before recommending him as a contractor with Afriqiyah Airways”.

The airline went on to say that: “The apparent use of forged documents by this man to secure his engagement with Afriqiyah Airways has also made us an unwitting victim in his criminal endeavours”.

Organisations need to make sure that people selected for employment are:

• suitably qualified and
• are appropriate to work in the classified role

As a central requirement, employers should seek references in order to pinpoint any inherent issues with an employee.

The law requires express checks to be carried out if the employee will be working in a role with children or applicable adults.

Organisations should not be apprehensive about employing ex-offenders but should be conversant with the checks that need to be carried out prior to offering employment.

There are serious potential penalties if an employer fails to determine the eligibility of an employee to work in the UK.

Particular investigations when working with children and adults

Organisations need to robustly ensure and be particularly alert when recruiting people to work in a role with children and relevant adults. ‘Children’ are classified as those under 18.

On 10th September 2012 a number of amendments were enacted with regard to the vetting and barring procedures. The following provisions, which were part of the earlier procedures are unaltered:

• It is a criminal offence for a barred person to work, or volunteer in a ‘regulated activity’.
• It is a criminal offence for an organisation to knowingly employ or engage, on a paid or voluntary basis, a barred person in a ‘regulated activity’.
• Where a person is removed from a ‘regulated activity’ by an employer as a consequence of the person causing harm to a vulnerable adult, or child, the Safeguarding Authority {now the DBS} must be notified.

The definition of ‘regulated activity’ has altered. For those working with children it includes such activities as:

• teaching
• training
• caring for, or supervising children
• driving a vehicle solely for children and
• providing guidance/advice on well-being

It also includes those who work for a limited range of establishments where there is an opportunity for contact, for example; childrens homes, schools, childcare premises. This does not include supervised contact by volunteers.

When defining a ‘regulated activity’ for those that are working with adults, the focus is on the particular type of care the adult requires and the setting in which the care is provided. Individuals are carrying out a ‘regulated activity’ if they are providing adults with:

• health care
• personal care
• social care
• assistance with money
• assisting with the management of personal affairs and
• providing transport because of the age, illness or disability of the individual

This does not include; taxi drivers or family and friends.

There is a requirement to carry out a criminal record check for all those working in a ‘regulated activity’. In December 2012 the Criminal Records Bureau {CRB} merged with the Independent Safeguarding Authority to become the Disclosure and Barring Service {DBS}. The CRB checks now become DBS checks.

Also, with effect from 10th September 2012, if an organisation believes that an individual will be engaged in a ‘regulated activity’ then an enhanced disclosure will be required. In addition, an employer will be required to request a check against the ‘barred list’ for adults and children, as appropriate.

More detailed information on the Vetting and Barring Scheme in England and Wales is available on the DBS website.

Recruiting ex-offenders

Dealing with people with a criminal record has become a real issue for employers now that information regarding criminal records is able to be accessed.

It has been estimated that 20% of the population has a criminal record. Employment is the single most important factor in reducing the re-offending. However, estimates suggest that it is eight times more difficult for a person with a criminal record to gain employment.

Evidence shows that of all the things to deter an employer from offering employment, a criminal record is the worst. People with a criminal record are unsure about disclosing information when seeking employment. From experience they understand that this will seriously jeopordise their chances. They also know that not declaring records about ‘unspent’ convictions will break the trust of an employer if it is discovered at a later date. This is a dilemma that can only be addressed by encouraging disclosure and by fair employment practices.

Eligibility to work in the UK

In 2008 a points based system was introduced in the UK for the recruitment of employees from overseas. When recruiting from overseas under this system, an employer must be registered as a sponsor and is responsible for checking eligibility to work in the UK. Employers who fail to undertake the appropriate checks face potential penalties, including significant fines.

The role of references

A crucial part of the pre-employment checking process is the taking of references.

Organisations should establish controls with regard to the provision and approval of references. Many employers have the customary role carried out by the HR function to process and vet all references obtained. Where necessary, employers should take professional advice to prevent potential problems arising.

Case law has resulted in a cautious approach from people giving references. As discussed in my previous article on references, references should be fair, accurate and not give a misleading overall impression of the employee and all data provided in a reference should be based on fact or capable of independent verification.

References should not contain any subjective information as to the applicant’s suitability for the job on offer.

If you are unsure about any aspect of pre-employment checks, then please seek professional advice.

This was posted in Bdaily's Members' News section by Andrew Dane .