Rescreening and the law: what HR must know in 2025

Employment screening is no longer just a hiring formality. As workplace risks evolve and regulations tighten, more organisations are being held accountable for what happens after someone joins—not just before.

‍

Laws across regions are shifting to require continuous checks on employee suitability, particularly in regulated roles. This has significant implications for how HR and compliance teams manage their obligations, especially when internal moves, credential expiries, or new risks go unnoticed.

‍

Understanding these expectations—and where your current processes might be falling short—is becoming essential to operating safely and legally in 2025.

‍

Legal Expectations Have Evolved

Regulatory bodies now expect employers to actively maintain and update employee records, ensuring ongoing suitability for specific roles. This proactive approach is vital to align with current legal standards and to mitigate potential risks associated with outdated information.

‍

Singapore

The Personal Data Protection Act (PDPA) governs the collection, use, and disclosure of personal data in Singapore. Employers must obtain consent before conducting background checks and ensure that the information collected is relevant and handled securely. 

‍

European Union

The General Data Protection Regulation (GDPR) requires employers to have a lawful basis for processing personal data, including background checks. Regular updates to employee data are necessary to maintain compliance, especially for roles in regulated industries. 

‍

United Kingdom

The Financial Conduct Authority (FCA) mandates that firms ensure their employees remain "fit and proper" throughout their employment, necessitating ongoing assessments and rescreening. citeturn0search14

‍

Consequences of Outdated Checks

Neglecting regular rescreening can expose organizations to various risks:

• Audit Failures: Inadequate documentation can lead to non-compliance findings during audits.
• Legal Penalties: Non-compliance with rescreening obligations may result in fines or sanctions.
• Reputational Damage: Incidents arising from outdated checks can harm an organization's public image.
• Operational Risks: Undetected issues, such as expired certifications, can affect business operations and safety.
  
  

According to a report by The Business Research Company, the employment screening services market is projected to grow from $4.73 billion in 2024 to $7.19 billion by 2029, reflecting the increasing emphasis on compliance and risk mitigation. citeturn0search26

Regulatory Expectations

Regulators emphasize the importance of:

• Risk-Based Approaches: Tailoring rescreening frequency and depth based on role-specific risks.
• Documentation: Maintaining clear records of rescreening policies and actions taken.
• Proactive Measures: Regularly updating employee information to preempt potential issues.
  
  

A survey highlighted that 73% of HR professionals anticipate increasing challenges in keeping up with changes in hiring regulations and practices over the next two years, underscoring the need for proactive compliance strategies. 

‍

Triggers for Rescreening

Certain events necessitate updated background checks:

• Promotions: Elevations to positions with greater responsibilities or access to sensitive information.
• Role Changes: Transitions into roles that are subject to specific regulatory requirements.
• Relocations: Assignments in different jurisdictions with varying compliance standards.
• Work Permit Renewals: Verification of continued eligibility for employment.
  
  

Not all checks need to be repeated with the same frequency or depth. For example, ongoing criminal record monitoring may be more relevant for finance roles, while licence validity is critical in regulated sectors like healthcare or aviation. We’ve broken down the most common rescreening checks and when they apply here.

‍

Implementing a Robust Rescreening Program

To align with legal obligations and mitigate risks, organizations should:

1. Understand Applicable Regulations: Stay informed about local and international laws pertinent to employee screening.
2. Identify High-Risk Roles: Determine positions that require more frequent and comprehensive rescreening.
3. Develop Clear Policies: Establish and document rescreening procedures and criteria.
4. Leverage Technology: Utilize automated systems to schedule and document rescreening activities.
5. Monitor and Review: Regularly assess the effectiveness of the rescreening program and make necessary adjustments.
   
   

Setting up a repeatable, risk-based rescreening policy doesn’t need to be complicated. This guide walks through how employers are putting those frameworks in place—from deciding who to screen, to building internal policies, to handling audits.

‍

Final Thoughts

The legal landscape surrounding employee rescreening is continually evolving. Proactive and informed approaches are essential for compliance and risk mitigation. Regularly updating employee background checks ensures adherence to legal standards and fosters a secure and trustworthy workplace environment.

‍

This article focuses on the legal and regulatory implications—but for a broader view on why rescreening has become a critical priority for organisations this year, we’ve explored that in detail here.

‍

If your organization is evaluating its rescreening policies, our team is available to provide insights and assistance. Contact us for a consultation tailored to your needs.

‍