The role of the Information Commissioners Office with misleading questions on employment application forms

We were contacted recently by an individual who was concerned about a question being asked about criminal records on a builder’s merchant’s application form, which stated: “As part of our standard procedure we require a police check for every employee. Are you prepared to undergo a police check? ☐ Yes ☐ No  Have you ever […]

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Global manufacturer asking misleading questions on their employment application form

We were contacted recently by an individual who had some concerns about the questions that a global manufacturing company were asking about criminal records on their employment application form. The form stated: “Have you ever been convicted of a criminal offence? (Including motor offences but excluding parking fines) Have you ever received a formal police […]

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Recruiting apprentices in the motoring industry? Make sure you ask the right questions

We’ve recently been advising a large motor manufacturer who was asking a misleading question on their online apprenticeship application form. It stated: “Have you any convictions, including both spent and unspent convictions under the Rehabilitation of Offenders Act (ROA) 1974? If yes, please provide details.” We believed that the apprenticeship role being offered would be […]

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Doing enhanced DBS checks? Make sure you get any questions about criminal records right

We were contacted by an individual who was concerned that a question on an employer’s application form in respect of a job requiring an enhanced Disclosure and Barring Service checks was misleading as it did not provide any guidance around ‘protected’ cautions and convictions. The question on the application form stated: “Criminal Convictions (see guidance […]

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Organisations need to make it clear if they want applicants to disclose

We’ve recently been involved in a case where a student’s union was considering taking disciplinary action against one of its new trustees for failing to disclose their conviction. The trustee concerned had an unspent conviction at the time of their election to the board. After extensive research she had satisfied herself that her offence would […]

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