Approximately 20 per cent of the UK population has a criminal record, so it is important to develop a recruitment policy to address this issue.
The easiest way to do this is to be open with potential employees and to operate a fair employment practice.
When assesing an application from someone who has declared a criminal record consider the nature of the conviction and its relevance to the job. For instance, a conviction for fraud is not likely to impact as much on someone applying to be a cleaner as an aaccountant.
It is also necessary to identify the risks to customers and employees while recognising that having a criminal record does not always mean a lack of skills, qualifications and experience
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Some people with a criminal record may decide, however, against declaring their offence for fear it will count against them.
But employers now have the ability, should they wish, to check all potential employees.
The Law
The Police Act 1997 was introduced to allow employers to access criminal records while still protecting people’s rights under the Rehabilitation of Offenders Act 1974. In order to carry out checks, an employer must register with the Criminal Records Bureau (CRB).
This can be quite a drawn out process and each employer will have to provide several personal documents so they can be screened. Once registered (there is a fee involved), an employer can use the CRB to screen all potential employees.
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The Rehabilitation of Offenders Act states that a conviction will be considered “spent” if it did not did not carry a sentence excluded from the Act, such as a custodial sentence of more than two and a half years.
A police record is different to a criminal record as it covers cautions and reprimands for less serious offences. It can also cover situations where there has not necessarily been proof of guilt. Someone with a caution would only have to declare it to a potential employer if they already had a criminal record.
Criminal Record Bureau (CRB) Disclosure Levels
There are three levels of disclosure when using the CRB: