The Conduct Regulations under Regulation 20 places TeacherActive under an obligation to act if we find out a work seeker is unsuitable.
Where TeacherActive receive or obtain information during the course of an assignment that gives us reasonable grounds to believe that a worker supplied to a hirer is unsuitable, we will inform the hirer without delay and end the assignment.
If the information only indicates that the work seeker may be unsuitable but is insufficient to give us reasonable grounds to believe that s/he is in fact unsuitable we will commence such enquiries as are reasonably practicable and inform the hirer of the information received and the enquiries being made. If as a result of those enquiries we have reasonable grounds to believe s/he is unsuitable we will then without delay inform the hirer and end the assignment.
If, within three months from the date of introduction of a work seeker to a hirer TeacherActive receives or obtains information which indicates that the work seeker is or may be unsuitable for that position we will inform the hirer without delay. For example if we take up a reference or otherwise hear of information that would make the candidate unsuitable we will inform the hirer.
It is likely that processing of data to comply with regulation 20 will have a lawful basis under the General Data Protection Regulation (GDPR). Article 6 of the GDPR sets out that processing will be lawful based on 6 possible bases, including where it is “necessary for compliance with a legal obligation to which the controller is subject” and where it is “necessary for the purposes of the legitimate interests pursued by the controller or a third party”. It is likely that as we are processing the data to comply with the Conduct Regulations this will be a sufficient legal obligation.