Can organisations make it a condition of contract with private contractors that they obtain Disclosures for their employees before any contract can be awarded to them?
Yes. Organisations can request contractors to supply evidence that Disclosures have been issued in respect of their employees prior to the contract being awarded. Such evidence could include being provided with Disclosure Certificate numbers. This must be done within the confines of legislation, for example, an organisation cannot request a contractor to obtain Standard or Enhanced Disclosures for non-exempt positions.
The contract should not be used as a vehicle for viewing Disclosure Certificates by contracting organisations. For example, if a contractor employs a person and a contracting organisation has no input into the recruitment decision then, under Part V of the Police Act 1997, they have no right to view the Disclosure Certificate.
