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Briefing quick find:

Is suspension a breach of trust and confidence?

Can the suspension of an employee amount to a repudiatory breach of contract? This was considered in the High Court case of Agoreyo v London Borough of Lambeth. Legal background The term of mutual trust and confidence is implied into all employment contracts.…

Law Commission review on Criminal Record Disclosure

‘[T]he present system raises significant concerns in relation to non-compliance with the ECHR and the overly harsh outcomes stemming from the failure to incorporate either proportionality or relevance into disclosure decisions. An impenetrable legislative framework and questions of legal certainty…

Do I have to declare my conviction/caution?

For many healthcare professionals who received a caution or were convicted as an adult, that information will appear on your DBS certificate and will need to be declared in applications for employment. However, there are important exceptions where a declaration…

Changes to Disclosure and Barring

The Protection of Freedoms Act 2012 (PFA) has recently received Royal Assent, and came into force on 10th September 2012. It has made changes to safeguarding systems, which will affect organisations dealing with vulnerable adults and children. Regulated Activity The first major…

More changes to vetting and barring

Ever since the POVA list was scrapped and the Independent Safeguarding Authority with its vetting and barring scheme was introduced, the system has been plagued with allegations that it is cumbersome, impractical and ineffective. In June 2010, the Government announced…