There are two types of background checks which relate to a candidate’s legal history. And while most people are familiar with the use of criminal background screening to provide information about a candidate’s criminal history, less well known are civil litigation checks. So what are the differences between the two and why should it matter to employers?
Civil litigation checks uncover disputes between private individuals or companies. Civil proceedings seek to resolve situations often through financial compensation, resulting in a person being found liable or not liable. Criminal proceedings are the result of someone breaking a criminal law, with the offender receiving punishment of some kind if found guilty.
Civil proceedings might include matters such as contract and business conflicts, landlord/tenant issues or employment disputes. Civil checks also reveal past debt situations including Debt Relief Orders (DROs and DRRUs),Individual Voluntary Arrangements (IVAs), Fast Track Voluntary Arrangements(FTAs) as well as bankruptcy related issues such as Bankruptcy RestrictionOrders/Undertakings (BROs/BRUs) and Interim Bankruptcy Restriction Orders(iBROs) and Interim Debt Relief Restrictions Orders (iDRROs).
Civil proceedings differ from criminal proceedings in that they attempt to right a wrong, settle a dispute or ensure that obligations from an agreement have been carried out. A civil check might reveal previous civil litigation including domestic, personal injury or negligence claims against an individual or company. Civil litigation checks can therefore provide important insights into a candidate’s character, for example whether they have made multiple claims against previous employers or have made numerous personal injury claims.
The civil check involves searches of several UK and global databases (dependent on the location, needs and role of candidate and employer).
The results of a civil check might indicate whether a person is suitable for a role but can also reveal a candidate’s motivation. Carrying out civil litigation checks as part of a comprehensive suite of pre-employment screening can help protect your company’s reputation while ensuring that you make the right hiring decision.
A specialist screening provider can advise on the right checks for your role. Veremark Civil Litigation Checks are typically completed within 7 days and adhere to strict SLAs for quality assurance. Talk to us today about including civil checks in your screening package.