This section provides information about what employers should refer to us about a registered worker and when. To make a referral please see our Employer Referral Guidance and use the Employer Referral Form.
Employer referral flowchart
What to refer about a registered worker?
Employers must refer a registered worker to us when they are:
- suspended, dismissed or demoted
- resign during a disciplinary investigation, and you would have considered dismissal
- charged or convicted of a criminal offence.
You should also refer to us if the matter is one you would tell Disclosure Scotland about or where you are concerned that the behaviour or actions of a worker raises a serious concern about their fitness to practise. For more information about the types of behaviours or actions this includes, please see our Employer Referral Guidance.
When to refer an employee?
You should tell us immediately if the:
- behaviour is serious
- worker is suspended
- worker resigns during a disciplinary investigation, and you would have considered dismissal
- worker is charged with a criminal offence.
Otherwise, let us know at the end of your disciplinary or performance/capability process.
What to refer about a worker who is not registered with us?
Employers must make a referral to us when a worker is not registered with us, if they have:
- been dismissed
- resigned or abandoned their post, and if they had they not done so, you would have considered dismissal.
You should only notify us about a non-registered worker when your own disciplinary process concludes.