Employee Background Checks

• March 27, 2023
• 1 Comment
• Investigations, Public Interest
• Posted by Somo Intelligence

Conducting Employee Background Checks: Best Practices and Legal Considerations in Kenya

Hiring employees is a significant investment for any organization. It is essential to ensure that the employees you bring on board are not only qualified but also trustworthy. Conducting background checks is one way of ensuring that your potential employees are reliable and do not pose any risks to your organization. However, conducting background checks involves legal and ethical considerations that employers must be aware of. In this article, we will explore best practices for conducting employee background checks and legal considerations in Kenya.

What are Employee Background Checks?

Employee background checks involve verifying a potential employee’s identity, criminal record, education, employment history, credit history, and other relevant information to ensure that they are suitable for employment. The goal of employee background checks is to verify that a candidate’s qualifications match their claims, and they do not pose any risks to the organization.

Why Conduct Employee Background Checks?

Conducting employee background checks has numerous benefits, including:

• Reducing the risk of workplace violence and theft
• Protecting the organization’s reputation and assets
• Ensuring compliance with legal requirements
• Making informed hiring decisions
• Reducing employee turnover

Best Practices for Conducting Employee Background Checks

When conducting employee background checks, employers must follow best practices to ensure that the process is fair, efficient, and effective. Some of the best practices for conducting employee background checks include:

1. Obtain Consent from the Candidate

Before conducting any background checks, employers must obtain written consent from the candidate. The consent should be clear, concise, and should indicate the type of information that will be obtained.

2. Be Consistent

Employers must be consistent in the information they request from all candidates. This ensures that all candidates are treated fairly and reduces the risk of discrimination.

3. Use a Third-Party Provider

Employers can use a third-party provider to conduct background checks. This ensures that the process is unbiased, and the information obtained is accurate and up-to-date.

4. Follow the Law

Employers must follow the law when conducting background checks. This includes obtaining consent, following data protection laws, and adhering to anti-discrimination laws.

5. Keep Records

Employers must keep records of all background checks conducted. This includes the type of information obtained, the date of the check, and the name of the person who conducted the check.

Legal Considerations in Kenya

In Kenya, employers must follow legal requirements when conducting background checks. These requirements include:

1. Obtaining Consent

Employers must obtain written consent from the candidate before conducting any background checks. The consent must be clear, concise, and indicate the type of information that will be obtained.

2. Adhering to Data Protection Laws

Employers must adhere to data protection laws when conducting background checks. This includes ensuring that the information obtained is accurate and up-to-date and keeping it confidential.

3. Following Anti-Discrimination Laws

Employers must follow anti-discrimination laws when conducting background checks. This includes ensuring that the process is fair, unbiased, and does not discriminate against any candidates.

4. Verifying Academic Qualifications

Employers must verify academic qualifications obtained by the candidate. This involves contacting the institution where the candidate obtained their qualifications to ensure that they are genuine.

Conclusion

Conducting employee background checks is an essential process for any employer. It helps ensure that the employees you bring on board are reliable and do not pose any risks to your organization. When conducting background checks, employers must follow best practices and legal requirements to ensure that the process is fair, efficient, and effective. By following these guidelines, employers can make informed hiring decisions and reduce the risk of workplace violence or theft.

FAQs

1. What information should be included in a background check? A background check should include information such as criminal records, education verification, employment history, credit history, and references.
2. Can an employer conduct a background check without consent? No, employers must obtain written consent from the candidate before conducting any background checks.
3. How long should an employer keep records of background checks? Employers should keep records of background checks for at least five years.
4. Can an employer deny employment based on a criminal record? It depends on the nature of the job and the criminal offense. Employers must follow anti-discrimination laws when considering a candidate’s criminal record.
5. How long does a background check take? The time it takes to conduct a background check varies depending on the type of information being obtained and the provider being used. However, most background checks take between 2-7 business days.

In Summary

Conducting employee background checks is an essential process for any employer. It helps ensure that the employees you bring on board are reliable and do not pose any risks to your organization. However, employers must follow best practices and legal requirements when conducting background checks to ensure that the process is fair, efficient, and effective. By doing so, employers can make informed hiring decisions and reduce the risk of workplace violence, theft, and other risks.