Background Declaration Form for the United Kingdom

Background Declaration Form Template for England and Wales

A Background Declaration Form is a legal document used in England and Wales for collecting and verifying personal information, criminal history, right to work status, and other relevant background details of potential employees or contractors. The document complies with UK data protection legislation, employment law, and sector-specific requirements, providing organizations with a standardized approach to background screening while protecting individual privacy rights.

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What is a Background Declaration Form?

The Background Declaration Form serves as a critical tool in the pre-employment screening process under English and Welsh law. This document enables organizations to gather necessary information about candidates' history, qualifications, and legal status while ensuring compliance with UK data protection requirements and employment legislation. It is particularly important for roles requiring enhanced vetting or specific regulatory compliance, and typically includes declarations about criminal history, right to work, professional qualifications, and other relevant background information.

What sections should be included in a Background Declaration Form?

1. Personal Information: Basic details including name, address, contact information, and date of birth

2. Declaration Statement: Statement confirming information accuracy and consent for verification

3. Criminal Record Declaration: Disclosure of any relevant criminal convictions

4. Right to Work Declaration: Confirmation of legal right to work in the UK

5. Data Protection Notice: Information about how personal data will be processed and stored

What sections are optional to include in a Background Declaration Form?

1. Professional Qualifications: Section for declaring professional qualifications and certifications - required for roles needing specific qualifications

2. Health Declaration: Section for declaring medical information relevant to role - used for physically demanding roles or health-sensitive positions

3. Financial Background: Section for declaring financial history - used for financial sector roles or positions of financial responsibility

What schedules should be included in a Background Declaration Form?

1. Document Checklist: List of required supporting documents to be submitted with the form

2. Privacy Notice: Detailed information about how personal data will be processed, stored, and shared

3. Guidance Notes: Comprehensive instructions for completing each section of the form

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

Declaration Form

Cost

Free to use
Clauses
Industries

UK GDPR: UK General Data Protection Regulation - Fundamental data protection legislation governing how personal information should be collected, processed, and stored

Data Protection Act 2018: The UK's implementation of data protection laws, working alongside UK GDPR to regulate the processing of personal data

PECR: Privacy and Electronic Communications Regulations - Specific rules for electronic communications and data privacy

Rehabilitation of Offenders Act 1974: Legislation governing the disclosure of criminal convictions and establishing rehabilitation periods after which certain convictions become 'spent'

Equality Act 2010: Key legislation protecting individuals from discrimination in the workplace and wider society

Employment Rights Act 1996: Core employment legislation establishing basic employment rights and responsibilities

Police Act 1997: Legislation establishing the framework for criminal record checks (DBS) in employment contexts

Safeguarding Vulnerable Groups Act 2006: Legislation establishing vetting and barring schemes for people working with vulnerable groups

Protection of Freedoms Act 2012: Updates to safeguarding legislation and criminal record checking procedures

Immigration, Asylum and Nationality Act 2006: Legislation governing right to work checks and employment of foreign nationals

Immigration Act 2016: Updated immigration legislation including additional requirements for right to work checks

Financial Services and Markets Act 2000: Specific requirements for background checks in the financial services sector

Care Standards Act 2000: Legislation governing background checks and requirements for those working in healthcare

Education Act 2002: Specific requirements for background checks in the education sector

Human Rights Act 1998: Incorporation of European Convention on Human Rights into UK law, particularly Article 8 regarding right to privacy

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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