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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46792
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We recently employed a man for a manager's position in our

Resolved Question:

We recently employed a man for a manager’s position in our company through a recruitment agency.
After 3 ½ months we received a cryptic email from the manager saying he wasn’t going to be around for a while and then a bizarre telephone call asking if we would consider keeping his position open as he was likely to be away for a couple of months !
We have now discovered that he was sentenced to something around 4 months for what we believe was clearly a serious Assault to be served at Her Majes
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How can I help with this please?
Customer: replied 2 years ago.

We recently employed a man for a manager’s position in our company through a recruitment agency.

After 3 ½ months we received a cryptic email from the manager saying he wasn’t going to be around for a while and then a bizarre telephone call asking if we would consider keeping his position open as he was likely to be away for a couple of months !

We have now discovered that he was sentenced to something around 4 months for what we believe was clearly a serious Assault to be served at Her Majesty’s Prison Forest Bank.

I believe it was incumbent on the recruitment company to check this man out. After all, we were recruiting for a Manager with all the responsibility that such a job title demands and paid the recruitment company £ 3,750.000 plus VAT of £ £750.00 for such a service.

Clearly this chap wasn’t shouting about his criminal record (I’m assuming by the way he must have a criminal record as my current experience as a Magistrate leads me to believe that you don’t get 4 months in Prison for a first offence!!!) but isn’t it a recruitment company’s job to make some sort of at least limited background checks etc?

Ultimately this chap has cost us a small fortune in salaries in addition to the recruitment fees.

My question is therefore I suppose……

Isn’t it fair to assume that a recruitment company providing a candidate to us for a management role should have, as standard procedure, done some sort of background checks?

Expert:  Jo C. replied 2 years ago.
Thanks for requesting me then but this isn't my area.
I will pass you onto my colleague who is an employment specialist. I think he may be offline right now but I'm sure he will pick this up soon.
Customer: replied 2 years ago.

ok, thanks. i'll be going offline soon anyway so maybe i'll get an answer later / tomorrow / friday

Expert:  Jo C. replied 2 years ago.
I'm sure he will around soon.
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. When you used the recruitment agency, were you promised that any specific level of vetting or background checking would be performed on any candidates they put forward?
Customer: replied 2 years ago.

Hi Ben,

No they didnt mention anything in relation to vetting or background checking but we were looking for a managerial position so i believed some checking should have been included.

If we were employing a warehouseman obvioulsy i wouldn't but the position they were supplying a candidate for was a Freight Account Manager

Expert:  Ben Jones replied 2 years ago.
Hi, there would be no automatic obligation on the agency to undertake any specific checking on potential candidates and certainly not in respect of their criminal past. Some positions, such as those working with children and vulnerable adults, would require automatic vetting but for any other positions that would be optional. The fact you were recruiting for a managerial position would not change anything unfortunately – if you had specific requirements for specific vetting to be carried out then this should have been made clear with the agency at the outset and before the recruitment process. Also if they offered and promised any specific vetting but did not carry it out then obviously it would be a breach on their part but that was not the case here. So as no specific vetting was agreed, you cannot blame them for this I’m afraid, especially as there is no legal obligation on them to have carried out any vetting and to uncover the criminal past they would have had to make a criminal records check which is not routinely made for ‘normal’ jobs, whether in management or not – only specific industries would undertake these as a matter of course and the agency has not done anything wrong in this case by failing to obtain a criminal check.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46792
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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