Where concerns or allegations about a worker’s fitness to practise or harm to a user of a service occurs, the employer has a duty to notify the relevant bodies of the concern and also the service regulator. In the social services workforce this will include the Care Inspectorate and usually the SSSC. Depending on any which relevant regulatory body the individual is registered with, this may also include NMC, HCPC, GTCS.
Where individuals are employed in regulated work, employers have a duty to make a referral to Disclosure Scotland when they believe that an individual’s conduct meets the following referral grounds:
- harmed a child or protected adult
- placed a child or protected adult at risk of harm
- engaged in inappropriate conduct involving pornography
- engaged in inappropriate conduct of a sexual nature involving a child or protected adult
- given inappropriate medical treatment to a child or protected adult.
Employers may only make a referral to Disclosure Scotland when they have dismissed an individual or removed them permanently from regulated work with the group concerned or where they would or might have dismissed the individual had the individual not left their employment before the decision was made, or had they known the information at the time the individual worked for them.
You should let workers know if they have been or will be referred to any body. SSSC have specific guidance available around employer responsibilities to refer when there is a settlement agreement in place.
Links to further guidance and practice examples
SSSC Employer referral form and guidance
HCPC employer referral guidance
NMC employer referral guidance
GTCS employer referral guidance
Notifying the Care Inspectorate
PVG Scheme information for employers
Settlement agreements (SSSC)