Employer checking arrest warrant of staff

Casati

Is it possible for an employer to check if an arrest warrant has been issued against one of his employees or is this deemed private information between the person and the Garda?

What would be the process if any in place to find such information?

Victor

It isn't information that is casually available. The potential arrestee might not even know it exists.

However, if it is a bench warrant issued in open court and the court proceedings were covered by the media, it may come to people's attention. If a Garda shows up at the place of employment with the warrant, well ...

Casati

https://www.boards.ie/discussion/comment/119352159#Comment_119352159

If a bench warrant was issued in court is that information available on a list that's available for public viewing? e.g. if its not a serious case and no likely to be covered in the media

Victor

I'd say unlikely.

Of course, there is the matter of Garda vetting for certain employments. However, in such a case, the warrant is likely to be executed before hte employer hears back from the Garda.

Ash.J.Williams

https://www.boards.ie/discussion/2058254971/employer-checking-arrest-warrant-of-staff

If your company has a screening policy then they hire abackground check company to vet you, and arrests and things will show, but i guess you would need to consent to this. Also failure to consent is seen as admission of guilt and you can be rejected that way, however you are already in the job so i'd say they won't be screening you.

coylemj

https://www.boards.ie/discussion/comment/119358570#Comment_119358570

An arrest is not a conviction, neither is the fact that there is an arrest warrant out for you. You say that 'arrests and things will show' - show where?

What I'm asking is this: How will your 'background check company' be able to determine that you were ever arrested or if there is currently an arrest warrant out for you? Without getting someone to (illegally) look you up on Pulse.

Ash.J.Williams

https://www.boards.ie/discussion/comment/119364767#Comment_119364767

same way garda vetting works i guess

https://www.boards.ie/discussion/comment/119367107#Comment_119367107

The only way Garda vetting works. Garda vetting is only provided to a list of Relevant Organisations only... Joe Soap employer or Background Check Company does not have access to Garda vetting.

When Gardai give a response on a garda vetting request they don't give a reason for their not passing someone. So, if there was an open arrest it's likely the garda doing the vetting wont take that chance and will say no.

But, the OP seems to be IN employment, in which case the employer (assuming one that can) may request an updated garda vetting report, but wont get specifics and cannot discipline you on the basis of garda vetting unless it's in your contract. In the OPs case the Garda will likely know at that stage if the arrest was related to an offence that would impact on a specific job. But, the OP thinks the arrest was a trivial matter (although, that may be subjective, arrests aren't done lightly in general).

Jim2007

https://www.boards.ie/discussion/2058254971/employer-checking-arrest-warrant-of-staff

It’s hard to figure out exactly what you are asking….

If you are an employer seeking to check up on an employee probably not, unless you have very deep pockets.

If you are asking as an employee, beyond the recruitment phase most employers don’t go snooping into employee’s life’s without reason. So unlikely they’d even think of checking.

Lenar3556

https://www.boards.ie/discussion/comment/119367136#Comment_119367136

That is not how Garda vetting works.

As was mentioned by another poster, the process is only open to an employer where the employee is engaged directly with children or vulnerable adults in the course of their work.

The Garda vetting bureau do not determine a pass/fail and do not make recommendations as to whether the subject is employed or not. This is a matter for the employer on receipt of the Garda vetting disclosure.

Typically the disclosure will refer only to pending criminal matters and convictions. In very rare cases, where the Garda vetting bureau believes there is particular need, additional information may be provided to the employer, after it has first been disclosed to the vetting subject.

Casati

https://www.boards.ie/discussion/comment/119374948#Comment_119374948

Thanks for all the comments, very helpful.

This role is not one where Garda vetting is needed so that aspect is not relevant.

Based on the various comments tt looks like the employer has no legal mechanism to check if an outstanding arrest warrant is in place for an employee.