![]() However, it is important not to make these assumptions without gathering more information. In some instances, it may be clear that a particular applicant is unsuitable for the post they have applied for because of their record. Without knowing exactly what information is contained on their criminal record beforehand, and in the absence of appropriate guidance on how to work out what information needs to be disclosed, an increasing number of applicants face getting it wrong. The changes to disclosure legislation, including the Rehabilitation of Offenders Act (ROA) and the ROA Exceptions Order, are extremely complex and many receive incorrect or outdated advice about their responsibilities to disclose. In some cases, a discrepancy may have occurred because the applicant simply did not realise that they had a criminal record or was mistaken about the type of sentence or disposal they received due to a limited understanding of how the criminal justice system works. If there has been a failure to disclose it is important to establish why. If it is completely clear, from an early stage, that an appointment is likely to be subject to a basic, standard or enhanced disclosure check, applicants will be far less likely to conceal their records deliberately. Many employers are quick to assume that when an applicant has not declared a criminal record that later comes to light on a disclosure certificate it is an attempt to deceive the employer. This same principle applies to roles which require a basic disclosure check. The DBS code of practice states that an employer should discuss any new matters (including other relevant information) revealed in the applicant’s disclosure with the applicant in the form of a meeting, before making a final recruitment decision, in order to give the applicant the opportunity to address the employer’s concerns. If there are significant discrepancies between the information the applicant has provided and the criminal record information contained on the disclosure certificate, you should request a meeting with the applicant to gather further information. Rather, if any concerns have arisen with the nature of the information disclosed, you should discuss these with the applicant and carry out a risk assessment. If you did not request this information earlier in the recruitment process, you should not penalise the applicant for not making a voluntary disclosure. ![]() ![]() The onus is on the employer to request such information the applicant has no legal duty to disclose criminal record information if they have not been asked directly to do so. You can read more about the main roles we get asked about and their different requirements and restrictions.įirstly, you need to consider whether you gave the applicant a reasonable opportunity to make a criminal record declaration during recruitment. In the vast majority of cases, you should find that the policy encourages the decision to be made on a case-by-case basis, assessing risk in relation to the nature of the role. If you employ professionals that are regulated by professional or regulatory bodies, you may find advice from the relevant body as to their stance on recruiting people with criminal records. In all other circumstances, it is completely at the discretion of the employer to make their own recruitment decisions. ![]() If you are recruiting for a role that is defined as regulated activity with children or adults, it is your responsibility to check the barred status of your employees and you may not employ a person who has been barred from working with the relevant group. The only circumstances in which an employer may not legally recruit a person with a certain type of offending history, is where the offending history has led to the individual being barred from regulated activity with either children, adults or both. ![]()
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