Negative or incomplete results can show up in a pre-employment check.
For example, you may discover a candidate has a history of misconduct or a criminal record.
When this happens you'll need to decide if it poses a risk to the organisation or affects the candidate's ability to perform the role.
If a candidate has a history of misconduct, hiring managers can't be involved or see any information collected as part of the misconduct screening. Instead, the consideration panel will advise the hiring panel on whether the candidate is suitable to employ or not.
It may not be appropriate to continue with the candidate unless there are exceptional circumstances. It's up to the organisation to decide what exceptional means to them.
Consider the following risk factors:
If the candidate has a criminal record, the panel should consider if they committed the crime as a juvenile or an adult.
If you decide not to offer a candidate the role based on your assessment and the advice of the consideration panel, record this decision and any supporting evidence.
Every candidate has the right to natural justice, this means you must:
It's not considered discrimination if they're denied employment if:
You must let any internal review or complaints process finish before you offer the role to another candidate.
You still need to screen your next preferred candidate.
If you decide there is a low level of risk for the organisation and offer a candidate the role, record this decision and any supporting evidence with the recruitment team on the selection report.
You can then continue your normal recruitment process and complete all other pre-employment screening required.
Individuals have the right to privacy and freedom from discrimination. It's legislated in the:
If you've requested a police check, the following legislation applies: