Will bring sacked for gross misconduct show on a DBS check?

[littlejo67]

My DH has been sacked by the police for gross misconduct. He is now trying to apply for other jobs. There is conflicting information online. Does anyone know whether this would show up on a DBS or enhanced DBS ?
Thanks in advance.

I think it would depend on what the misconduct was? If it was for something that posed a risk to vulnerable people, for example, then I think the employer does have to disclose it to DBS...what was he sacked for?

Depends what the gross misconduct was.

It depends what he was sacked for. They can request further information . I mean it doesn't sound good does it ?

It has to be referred to DBS if his actions harmed someone or might have harmed someone.

www.gov.uk/report-unfit-work-children-vulnerable-adults

DBS checks show any charges or cautions that the person may have received (in line with relevant timings etc). If he was sacked for gross misconduct, even if the police are his employer, I don’t believe it would be related to a DBS check unless he was also cautioned or charged.

Thanks everyone for the above. It wasn't a criminal matter it was a data protection issue. Does that make a difference?

I don't know if it will be included in a DBS check. But there were staff sacked from our hospital for accessing a prominent person's records.

I know one of them distantly and they haven't been able to get a job that allows access to similar information again. I don't know if that came up on the DBS or something else.

Only criminal charges / caution will show on a DBS. Other information will be held by HR and could be exposed in a reference.

Hi @littlejo67 no it won’t show on a DBS - basic or enhanced, an enhanced check would show cautions, barred lists etc. but sacking isn’t a criminal matter so no… employers also cannot give a negative reference, they can only refuse to give a character reference but would still have to provide a reference showing the times your DH worked for them. Your DH will receive the DBS directly, and if worried prior can submit a basic check online which will come directly to him to see what, if anything comes up. The DBS certificate for an enhanced check would also be sent directly to your DH - he then needs to show it to an employer who records the serial number and detail, but retains it himself.

I don’t think the dbs check will be the issue but the reference. They can say negative things so long as truthful so your dhs reference may say worked for x years. Dismissed for gross misconduct.

Nothing should appear on a DBS check unless you have been to court and found guilty.

Mind you, in this country, it won't be long before parking tickets are included.

It won't show unless he received a criminal conviction, if he was just sacked nothing will show on a DBS check x

Presumably accessing the police computer system inappropriately? Unfortunately a very common situation - staff members using sensitive databases to search for themselves, family members, people they know, celebrities. It's not a criminal offence but it is an indication of dishonesty.

An enhanced DBS check, required for some positions, does have more than just basic convictions, warnings, etc on it. It also includes 'soft information', basically police intelligence. So more potential for it to be included in that category of sharing. But that would only be shared where the police consider it relevant to the job/position being applied for, and it doesn't happen very often.

Do you still have to state reasons for leaving and divulge any disciplinary matters on application forms

Not strictly speaking true.

If a position involves an enhanced disclosure, the police can also choose to disclose arrests, charges, "intelligence" if they feel it is relevant. This is in response to the Soham murders where Ian Huntley had no convictions, but there was a long history of women making complaints or allegations against him which had never resulted in prosecution. If someone has a long history of arrests which don't come to anything, or is married to the local drug dealer, the Police might think that's important to disclose.

But in answer to the OP's point - no. In the case of being sacked for a GDPR breach that is not going to appear on a DBS check.

It's also important to remember that not all positions require DBS checks, and the basic checks which are most common are a record of your unspent convictions/cautions only.

I know that arrests, gossip and tittle-tattle can appear on DBS but I meant that they shouldn't, not that they don't, IYSWIM.

False - employers can provide a negative reference.

Very few employers give anything other than confirmation of dates of employment by way of reference these day.

This is correct. Employers (if giving a ref) have to give a fair and balanced one.
but it can be negative!

You are confusing two different things:

• DBS: only criminal convictions and cautions will appear.
• reference: this is where the employer is likely to declare that your partner was sacked for gross misconduct. So it will come out. Or they might decide not to give a reference at all which won't go down well with a new potential employer either. I would be more concerned about the information coming out that way than through a DBS as many jobs won't require one anyway...

The advice would be for him to be honest about what happened and disclose it in advance.

Even if it was on his dbs it wouldn't stop him from getting a job in most cases anyway. It's usually only violent crime or crimes against children that would prevent or financial crime/fraud in other sectors

I have employed someone who had something come up on their DBS, if that's at all reassuring. I called her and we had a very frank conversation about it, and the situation that had led to her conviction. I was impressed by her candour and the story behind it led me to believe that we as an organisation were not at any risk. She has been a sterling employee.

Hi @littlejo67 , a few years ago I was fired for gross misconduct over a data privacy issue. Basically I had been working on cleaning up an important list of suppliers with very important and confidential business critical cost information and personal details for John Smith, CEO of Costa Coffee, and when I was done I accidentally sent to John Smithson, CEO of Cafe Nero (this is a made-up example but you get the idea- basically I got caught out by autocomplete on email and sent Very Secret Business Information to one client's biggest competitor.)

That was not, however, the official reason they fired me - they fired me because the document contained email addresses and names, and I sent it without password protection- hence, a data privacy violation. Never mind that everyone else was winging off similar spreadsheets without password protection every day- they had to get rid of me to keep John Smith happy, and gross misconduct for a data privacy violation was the quickest way to do that. Firing me for a dumb but understandable mistake would have taken a bit more time and paperwork -especially as I had only returned to work after a terrible car crash with TBI less than two months previously, and was still on a phased return and definitely wasn't 100% yet.

ANYWAY. I'm doing really well now in my career, I have a much much better job and leaving that place was best in the end. They were at least kind enough to give me a decent non-reference reference (they would only confirm start date and end date and say something generic like I always had good ratings in my quarterly reviews) and I've also had an enhanced DBS check when I registered as a foster carer and it didn't come up. I don't know if this would be different since your partner works for the police but I just wanted to put my positive outcome here for you in case it helps.