Do we need a policy on recruiting people with criminal records?
- If you plan to ask applicants about criminal records checks, you must have a policy in place
- 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?
- Asking about criminal records at application stage is unlikely to be necessary or proportionate
- If you plan to ask at a later stage, or will carry out DBS checks, you should let applicants know
- Let applicants know the purpose of asking and what will happen to their information
- Use our handy checklist to make sure you’re doing everything you need to
- 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 1994, the GDPR and Data Protection Act 2018 are 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]