Asking for self-disclosure during recruitment – is it necessary?

Asking applicants to self-disclose criminal records information is seen by most employers as part and parcel of the standard recruitment process. Whether it’s a tick box on the application form or part of pre-employment checks, asking has been the norm. The advent of the GDPR means employers need be clear about the purpose of self-disclosure […]

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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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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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Poor application form for a job at a waste disposal company

The question below appeared on the application form for a job at a waste disposal company. What’s wrong with the wording above? It’s not clear. The role is ‘covered by the ROA’ – this means that the applicant doesn’t have to disclose spent convictions. This isn’t made clear in the question. It’s misleading. The use […]

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Timpson – Their application form

We thought we’d flag up the application form of Timpson. Timpson application form, July 2016 Timpson ask about criminal convictions on their application form. As an employer, they are well-known for recruiting people with convictions, so this section is less likely to put people off applying (which is one of the reasons why it’s important […]

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Greggs – Their application form

We thought we’d flag up the application form of Greggs. Although they haven’t signed up to the Ban the Box campaign, they word their question very clearly (including being clear that spent convictions do not need to be disclosed), and they refer people to guidance on how to answer the question accurately. For those companies […]

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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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