Contents
Aim of this guidance
This aim of this guidance is to support you in considering when to ask about criminal records if you currently ask for them as part of your recruitment process. Remember – many employers choose not to ask about criminal records, so don’t assume that you have to ask. However, if you do ask, this guidance should help you in determining when to do so.
Why this is important
- Applicants only have to disclose their criminal record if they are asked, they do not have to voluntarily disclose. If you want to know about criminal records, you need to ask.
- Employers often have a tick-box on their application form, but there are problems with this approach. For example, you will be collecting large amounts of sensitive data that you don’t need, potentially putting you in breach of data protection law and risking fines and repetitional harm.
- Many employers have “banned the box” – that is, removed the question about criminal records from the job application form, deferring the question until later in the application process. This allows the applicant to be considered first on their skills and abilities.
- You should only ask about criminal records if and when you need to. This will not usually be until after a conditional offer has been made.
Case study – Ricky
Case study – David
I have a very old conviction dating back over 20 years. Because of the sentence I received, it will never be spent. Over the years, I know I’ve missed out on loads of jobs because I’ve had to tick the box on the application form. This is despite the fact that I only have one conviction from when I was a teenager and since then I’ve got a degree, had a family and completely changed my life. Recently, I came across a job where the company didn’t ask on their form – although they did say they would ask for a disclosure to whoever was successful. I knew I would be a strong applicant, so this gave me the confidence to apply. When I was offered the job, I was told it was dependent on a few things, including if I had a criminal record. I sat down and spoke with them and once they listened to what I had to say, they went away, came back and said they were happy to still employ me. 6 months on, I’m loving my job and so thankful that they took such an inclusive approach. I wouldn’t have applied otherwise.”
Case study – Paul
I have an unspent criminal conviction. When I was applying for various jobs, from one employer I really appreciated the fact that I was not asked about criminal convictions until being offered a job – I was judged on my merits, skills and experience first. On receiving the draft contract, it was clear that my conviction would need to be declared. I phoned the HR contact and was given the opportunity, face to face, to explain my situation. I was told that they could not follow through with the offer and gave me a very clear (and understandable) explanation. Whilst disappointed, I also feel that I was very fairly treated and didn’t walk away with any ambiguous view of the employer. In essence, I was treated as a human being and was able to walk away thinking “they wanted me but they also explained why, given my specific situation, this wasn’t possible.”
Waiting until after conditional offer
A key principle of Fair Chance Recruitment is only asking about criminal records when necessary. This will usually mean removing the tick-box from application forms and deferring questions about criminal records until after a conditional job offer.
- By leaving the assessment of criminal records to this stage, it means that you should have chosen your preferred candidate based on their skills and experience.
- Criminal record information can be requested at the same time as wider pre-employment checks, with a conditional offer of employment being made subject to the assessment of their criminal record.
- The applicant can be asked to provide details on a self-disclosure form, and you can then arrange a meeting to discuss these details if you have questions or concerns.
In order to ban the box, Ricoh carried out a review of their recruitment practices, taking into consideration their existing security policies and a desire to recruit fairly. As a result, the company revised its security policy for each role to ensure the appropriate assessment of risk is carried out, ranging from only basic employment checks for some roles to in-depth checks for others, according to customer requirements. Applicants are only asked about criminal convictions at the stage of being offered a job, allowing Ricoh to judge a candidate’s suitability for a role before taking into account any convictions. As featured in BITC’s Ban the Box – A Practical Guide for Employers We recommend that for employers that ask, they do so at conditional offer of employment. We have yet to come across a legal or contractual reason why this cannot happen. We recognise that employers often ask earlier – below we explain the problems with asking at an earlier stage. We have guidance on how to word questions about criminal records. Business in the Community explains ‘how to ban the box’. This section will be added to over time, responding to the common questions we receive about this guidance. You can let us know by: Is there anything wrong with this guidance? Let us know – email recruit@unlock.org.uk.
What you need to make this work in practice
Case study – Ricoh
What about other options?
After shortlisting, before interview
At interview
Useful resources
Good practice tips
Frequently asked questions
More information
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