Changes to the recruitment process of a cleaning company whose application form was unclear about spent convictions

We were recently pointed towards a large cleaning company that had a question on its application form for a job cleaning commercial offices which stated: “Criminal Record  o Yes      o No” The question didn’t make it clear that an applicant doesn’t need to disclose any spent convictions when applying for a role covered by the […]

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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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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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Misleading application process and potentially ineligible DBS checks

This case involves an organisation that recruits couriers. We were contacted by an individual who was in the process of applying for a job as a self-employed neighbourhood courier. As part of the online application form, the organisation involved had stated that: “l will ask you to provide a current DBS check (formally CRB). Please […]

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Confusing questions about criminal record checks

We’ve recently worked on a case where the employer had a confusing question about criminal records. We were contacted by an individual who had just received notification from a local school that his application for a teaching position had not been successful. The individual explained that he hadn’t been surprised by the decision as the school […]

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Blanket exclusions for certain offences

We’ve recently worked on a case where an employer had a blanket exclusion for certain offences. We were contacted by an individual who had applied to a training organisation which specialised in working with people with convictions with the aim of getting them into paid employment. The majority of individuals they work with are either […]

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Universities, teaching fellows and criminal record checks

This case study involves a university that advertised the job of a teaching fellow. It was advertised as subject to a Disclosure and Barring Service check. A teaching position in a university is not on the list of exempted professions in the Rehabilitation of Offenders Act (Exceptions) Order 1975. This sets out which jobs (e.g. […]

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