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Pre Employment Background Check Authorisation Form for the United Kingdom

Pre Employment Background Check Authorisation Form Template for England and Wales

A Pre-Employment Background Check Authorization Form is a legal document used in England and Wales that enables employers to obtain consent from job candidates to conduct various background checks before finalizing employment. The document complies with UK GDPR, Data Protection Act 2018, and other relevant employment legislation. It typically includes provisions for verifying employment history, educational qualifications, criminal records (where applicable), and other relevant background information while ensuring data protection rights are maintained.

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Pre Employment Background Check Authorisation Form

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What is a Pre Employment Background Check Authorisation Form?

The Pre-Employment Background Check Authorization Form is a crucial document in the hiring process under English and Welsh law. It serves as a formal consent mechanism allowing employers to verify candidate information and conduct necessary background checks while ensuring compliance with data protection regulations. This document is particularly important as it helps organizations meet their due diligence obligations, protect against potential liability, and make informed hiring decisions. The form must comply with UK GDPR, the Data Protection Act 2018, and other relevant employment legislation, ensuring both the employer's and candidate's rights are protected.

What sections should be included in a Pre Employment Background Check Authorisation Form?

1. Personal Information: Candidate's full name, contact details, address history, and identification information

2. Consent Declaration: Express authorization for background checks and data processing, including acknowledgment of rights

3. Types of Checks: Detailed list of specific background checks to be conducted (e.g., employment history, education, criminal record)

4. Data Protection Notice: Information about how personal data will be collected, used, stored, and protected in compliance with UK GDPR

5. Rights Statement: Individual's rights regarding their data, including right to access, rectification, and withdrawal of consent

What sections are optional to include in a Pre Employment Background Check Authorisation Form?

1. Financial Checks Authorization: Additional consent for credit checks and financial history verification - required for roles in financial services or involving financial responsibility

2. International Checks Consent: Specific authorization for international background checks - required if candidate has lived or worked outside the UK

3. Professional Membership Verification: Authorization to verify professional qualifications and memberships - required for regulated professions or specific professional roles

4. DBS Check Consent: Specific consent for Disclosure and Barring Service checks - required for roles working with vulnerable people or in regulated activities

What schedules should be included in a Pre Employment Background Check Authorisation Form?

1. Identity Document List: Schedule listing acceptable documents for identity verification and right to work checks

2. Privacy Notice: Detailed information about data protection practices, retention periods, and privacy policies

3. Third Party Processors List: Schedule identifying external organizations conducting various background checks and their roles

Authors

Alex Denne

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

Jurisdiction

England and Wales

Document Type

Consent Form

Cost

Free to use
Relevant legal definitions

























Clauses
























Industries

UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018: Primary legislation governing how personal data must be collected, processed, stored, and protected during the background check process.

Rehabilitation of Offenders Act 1974: Regulates the disclosure of criminal convictions, including provisions about spent convictions and exceptions for certain types of employment.

Equality Act 2010: Ensures the background check process doesn't discriminate based on protected characteristics and maintains fair treatment in recruitment.

Employment Rights Act 1996: Provides the general framework for employment relationships and is relevant for conditional job offers.

Human Rights Act 1998: Particularly Article 8 (right to privacy), ensures background checks are proportionate and necessary.

Police Act 1997: Regulates criminal record checks and is particularly relevant if DBS checks are required.

Financial Services and Markets Act 2000: Relevant for background checks in financial sector roles, including specific requirements for regulated positions.

Safeguarding Vulnerable Groups Act 2006: Essential legislation when conducting background checks for roles involving work with vulnerable people.

Immigration, Asylum and Nationality Act 2006: Governs right to work checks as part of the pre-employment verification process.

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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