I’m working on our policy towards applicants with a criminal record – can you help?
- A specific policy that sets out your approach towards applicants with criminal records is important. Sometimes, it can be a requirement.
- We have detailed guidance on what makes a good policy.
- More information: Developing a policy on applicants with a criminal record [Practical guidance]
- If you collect, or plan to collect, criminal records data for recruitment purposes, you need to make sure your policy and approach is compliant with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018.
- More information: Asking the question – Guidance for employers on the GDPR, data protection and the processing of criminal records data in recruitment (Practical guidance)
I want to advertise a vacancy but we need to ask about criminal records – how should I go about this
- It’s unlikely that asking about criminal records at application stage is necessary or proportionate.
- If you decide you need to ask at a later stage, or will carry out DBS checks, you can let applicants know what to expect
- It’s important to make sure that each time you recruit, you look at your approach to criminal records and make sure you’re doing everything right, which is why we have a handy checklist.
- More information: Approach to specific vacancies – A checklist [Practical guidance]
I’m confused by all the legislation surrounding criminal records and disclosure – where can I find some simple guidance?
- The Rehabilitation of Offenders Act 1974, the Police Act 19974, and other legislation linked to these, is key to understanding how to approach dealing with criminal records as part of your recruitment process
- More information: Understanding criminal record disclosure legislation [Practical guidance]
Do I need to tell our insurers that we’re employing people with unspent convictions
- This will depend on the type of policy you have and the approach of your insurer.
- More information: Dealing with insurance when employing people with convictions [Practical guidance]