Confusion over filtering legislation and taking into account an old caution

We’ve recently been involved in a case where an employer suspended an individual from his teaching position as a result of the alleged non-disclosure of a caution he’d received 9 years ago. Following the introduction of new legislation in May 2013, the individual’s caution was eligible to be filtered from standard and enhanced Disclosure and […]

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Could my company be at risk of indirect discrimination if…?

…it automatically excludes people with criminal convictions? This is the question we asked law firm Freshfields Bruckhaus Deringer LLP to explore, in light of the disproportionate representation of BAME groups throughout the criminal justice system. Their answer, in short, was yes – there are “no substantive legal obstacles (intrinsic in the legislation) to BAME job […]

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Are you keen to recruit people with a criminal record and looking for help in finding applicants?

If the answer’s yes, this page should help, but make sure you’ve done two things first: Before you start encouraging applications, make sure you’ve developed a policy towards applicants with a criminal record. Each time you recruit, make sure you look at your approach to criminal records and make sure you’re doing everything right; we […]

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Ineligible check for a HGV driver role

We’ve recently worked on a case where an individual had been asked by his employer to have an enhanced DBS check. The individual had worked for the company for 13 years and when he initially applied for the job he had not been asked about his criminal record nor had any formal criminal record checks […]

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Misleading question for a volunteer role

Whilst working on a case we came across an application form for a volunteer role at a regional care provider that involved volunteers in its work. We identified a misleading question under their “Disclosure of criminal convictions” section. The question was in connection with an enhanced DBS check and stated: “Have you ever been convicted […]

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Employer does a standard Disclosure and Barring Service check for an unregulated role

We’ve recently worked on a case where an individual had a job offer withdrawn following an ineligible check being undertaken by an employer. The job involved selling IT systems to financial institutions and in his offer of employment the company stated that: “The company is not regulated by the FCA although a majority of the […]

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New official guide for employers on open recruitment

Published by the Department for Work and Pensions in partnership with Business in the Community, the guide, Strengthening your workforce with talent from disadvantaged groups, comes after high demand from the business world for more help and support for employers to become inclusive. Part of the See Potential campaign, it’s already been welcomed by the FSB […]

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Unlocking the potential of the UK’s ex-offenders

NatWest has published an article about recruiting people with convictions, featuring this site as a source of support for employers. The article is copied below: One remedy to the UK’s skills gap could be to hire more ex-offenders, so what’s the best way of going about this? There are around 1.6 million unemployed people in […]

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