You still have a duty to follow safer recruitment processes in these unprecedented times, including, as appropriate, relevant sections in Part 3 of KCSIE.
Temporary changes to DBS checks:
In response to COVID-19, the DBS has made temporary changes to standard and enhanced DBS ID checking to minimise the need for face-to-face contact. This note from the DBS explains the temporary changes that came into effect on 24 March 2020.
These changes enable:
- ID documents to be viewed over the video link; and
- scanned images can be used in advance of the DBS check being submitted.
However, the change should only be implemented for urgent cases where it is not possible to follow the normal identity checking guidelines. The applicant will then be required to present the original versions of these documents when they first attend their employment or volunteering role.
Where you are utilising volunteers, you should continue to follow the checking and risk assessment process as set out in paragraphs 167 to 172 of KCSIE. Under no circumstances should a volunteer who has not been checked be left unsupervised or allowed to work in regulated activity.
Right to work checks:
Right to work checks have also been temporarily adjusted due to COVID-19 to make it easier for employers to carry them out.
As of 30 March 2020, the following temporary changes have been made:
- checks can now be carried out over video calls
- job applicants and existing workers can send scanned documents or a photo of documents for checks using email or a mobile app, rather than sending originals
- employers should use the Employer Checking Service if a prospective or existing employee cannot provide any of the accepted documents
The Government has issued the following guidance on how to conduct a right to work check during the temporary COVID-19 measures:
- Ask the worker to submit a scanned copy or a photo of their original documents via email or using a mobile app
- Arrange a video call with the worker – ask them to hold up the original documents to the camera and check them against the digital copy of the documents
- Record the date you made the check and mark it as “adjusted check undertaken on [insert date] due to COVID-19”
- If the worker has a current Biometric Residence Permit or Biometric Residence Card or status under the EU Settlement Scheme you can use the online right to work checking service while doing a video call - the applicant must give you permission to view their details
The Government will let us know in advance when these temporary adjusted measures will end.
In addition, you will be asked to carry out retrospective checks on existing employees who:
- started working for you during these measures
- required a follow-up right to work check during these measures
You should mark this check: “the individual’s contract commenced on [insert date]. The prescribed right to work check was undertaken on [insert date] due to COVID-19.”
The retrospective check must be carried out within 8 weeks of the COVID-19 measures ending. Both checks should be kept for your records.
If the check you have undertaken during the adjusted period was done in line with the normal prescribed manner, you do not need to undertake a retrospective check.
We would advise including in the conditional offer letter that the individual will be required to provide the original DBS and right to work documents on their first day physically on site at the school to be checked. In the event that the checks are not satisfactory or this information is not provided on the day, the offer may be withdrawn. This means that the offer will stay conditional until the first day of employment, which could be an issue with an individual resigning from another post.
If, however, you have already issued a conditional offer letter without stating this, you may want to consider sending the individual a separate letter.