Background Check Disclosure And Authorisation Form for the United Kingdom

Background Check Disclosure And Authorisation Form Template for England and Wales

A Background Check Disclosure and Authorization Form is a legal document used in England and Wales that enables employers to obtain consent from job candidates or employees to conduct background verification checks. The document complies with UK data protection laws, including the Data Protection Act 2018 and UK GDPR, and includes necessary disclosures about the type of information being collected, how it will be used, and the rights of the individual regarding their personal data.

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What is a Background Check Disclosure And Authorisation Form?

The Background Check Disclosure and Authorization Form is a crucial document in the employment process within England and Wales. It serves as both a disclosure mechanism and a formal authorization tool, ensuring compliance with UK data protection regulations and employment laws. This document is essential when organizations need to verify an individual's background, including criminal records through DBS checks, employment history, educational qualifications, and professional references. The form must be obtained before conducting any background checks and should clearly outline the scope of investigations being authorized.

What sections should be included in a Background Check Disclosure And Authorisation Form?

1. Personal Information: Collection of basic identifying information about the individual including full name, date of birth, current and previous addresses

2. Disclosure Statement: Explanation of the background check process, its purpose, and the types of checks that may be conducted

3. Authorization: Express consent section for conducting background checks, including permission to contact relevant authorities and organizations

4. Data Protection Notice: Information about how personal data will be processed, stored, shared and protected in accordance with UK GDPR and Data Protection Act 2018

5. Declaration: Confirmation of truth and accuracy of provided information, signed statement by the individual

What sections are optional to include in a Background Check Disclosure And Authorisation Form?

1. International Checks Authorization: Additional consent for international background checks, required when the individual has lived or worked outside the UK

2. Credit Check Authorization: Specific consent for financial background checks, included for positions involving financial responsibility

3. Professional References: Authorization to contact professional references, included when reference checks are part of the screening process

4. DBS Specific Consent: Additional authorization for DBS checks, required for positions involving regulated activities or working with vulnerable groups

What schedules should be included in a Background Check Disclosure And Authorisation Form?

1. Privacy Notice: Detailed information about data processing practices, retention periods, and individual rights under data protection laws

2. List of Checking Agencies: Information about third-party agencies that may conduct background checks and their contact details

3. Document Requirements Checklist: Comprehensive list of required documents and identification needed for verification purposes

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Consent Form

Cost

Free to use
Clauses
Industries

Data Protection Act 2018 and UK GDPR: Primary legislation governing personal data processing, requiring transparent information about data collection and processing, establishing legal basis for data processing, and requiring specific consent for special category data

Rehabilitation of Offenders Act 1974: Governs the disclosure of criminal convictions, establishes which convictions become 'spent' and when, and determines when employers can ask about spent convictions

Police Act 1997: Regulates criminal record checks through the Disclosure and Barring Service (DBS) and establishes different levels of disclosure (basic, standard, enhanced)

Safeguarding Vulnerable Groups Act 2006: Establishes requirements for DBS checks in regulated activities, particularly relevant for positions involving work with vulnerable people

Employment Rights Act 1996: Covers general employment law principles and fair and lawful processing of employment-related information

Equality Act 2010: Prevents discriminatory practices in background checking and ensures fair treatment regardless of protected characteristics

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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