Recruitment of Ex-Offenders Policy

1. Introduction

All individuals or organisations using the DBS (Disclosure and Barring Service) service to help assess the suitability of applicants for positions of trust and who are recipients of Disclosure information must comply fully with the DBS Code of Practice. This requires them to treat all applicants for positions who have a criminal record fairly and not to discriminate unfairly against the subject of Disclosure on the basis of conviction or other information revealed. It also obliges them to have a written policy on the recruitment of such individuals, which can be given to all applicants for positions where a Disclosure is requested and to ensure that a body or individual at whose request applications are countersigned has such a written policy. Also, if necessary, to provide a model for that body or individual to use or adapt for this purpose.

1.1. Applicability

This policy applies to all staff, including employees, contractors and interns working for or under the control of Personnel Checks.

2. Policy

2.1. General Principles

  • As an organisation using the DBS service to assess applicants' suitability for positions of trust, The Company complies fully with the DBS Code of Practice and undertakes to treat all applicants for positions fairly. It undertakes not to discriminate unfairly against any subject for Disclosure on the basis of conviction or other information revealed.

  • The Company is committed to the fair treatment of its staff or potential staff or users of its services, regardless of race, gender, religion, sexual orientation, and responsibilities for dependants, age, physical/mental disability or offending background.

  • We actively promote the equality of opportunity for all with the right mix of talent, skills, and potential and welcome applicants from a wide range of candidates, including those with criminal records. We select all candidates for interview based on their skills, qualifications and experience.

  • A Disclosure is only requested after a thorough risk assessment has indicated that one is both proportionate and relevant to the position concerned. For those positions where a Disclosure is required, all application forms, job adverts and’ recruitment briefs will contain a statement that a Disclosure will be requested in the event of the individual being offered the position.

  • Where a Disclosure is to form part of the recruitment process, we encourage all applicants for interview to provide details of their criminal record at an early stage in the application process. We request this information is sent under separate, confidential cover, to a designated person within The Company and we guarantee that this information is only to be seen by those who need to see it as part of the recruitment process.

  • Unless the nature of the position allows The Company to ask questions about your entire criminal record we only ask about ‘unspent’ convictions as defined in the Rehabilitation of Offenders Act 1974. We ensure that all those in The Company who are involved in the recruitment process have been suitably trained to identify and assess the relevance and circumstances of offences. We also ensure that they have received appropriate guidance and training in the relevant legislation relating to the employment of ex-offenders, e.g. the Rehabilitation of Offenders Act 1974.

  • At interview, or in a separate discussion, we ensure that an open and measured discussion takes place on the subject of any offences or other matter that might be relevant to the position. Failure to reveal information that is directly relevant to the position sought could lead to withdrawal of an offer of employment. We make every subject of a DBS Disclosure aware of the existence of the DBS Code of Practice and make a copy available on request.

  • We undertake to discuss any matter revealed in a Disclosure with the person seeking the position before withdrawing a conditional offer of employment. Having a criminal record will not necessarily bar you from working with us. This depends on the nature of the position and the circumstances and background of your offences. Offences, which may be identified as areas of concern within a recruitment decision include violence against a person, and offences relating to Class A drugs.

3. Acting as an Umbrella Body

Before acting as an Umbrella Body (one which countersigns applications and receives Disclosure information on behalf of other employers or recruiting organisations), we will take all reasonable steps to ensure that they are aware of their obligations to comply fully with the DBS Code of Practice, policy requirements and regulations when handling criminal record information.

We do not pass on disclosure certificates to organisations using Personnel Checks as an Umbrella Body to access Disclosure Information but will raise with the lead person within that organisation whether they should be obtaining a copy of a certificate from an applicant.

4. Compliance and Review

  • Compliance with this and all other policies and procedures is mandatory;

  • Any breach of policy may result in disciplinary action, up to and including dismissal.

  • This policy will be reviewed at regular intervals as part of the continual service improvement process.