This is a preview. To continue reading please log in or Register to read this article

Recruitment and selection: key differences in Scotland and Northern Ireland

Updating authors: Lynda Macdonald, Rob Davies and Annabel Mace, consultant editor (Scotland): Gillian MacLellan, consultant editor (Northern Ireland): Andrew Spratt

Future developments

Rehabilitation of offenders (Scotland): From 10 March 2014, the rehabilitation periods set out in the Rehabilitation of Offenders Act 1974 were reduced in England and Wales. They were not reduced in Scotland (see Rehabilitation periods). In its Programme for Scotland 2017-2018, which it published on 5 September 2017, the Scottish Government announced its intention to introduce a Management of Offenders Bill, which will "reduce the length of time for which many people will be required to self-disclose previous offending behaviour" and "make the Rehabilitation of Offenders Act 1974 more accessible for individuals and employers using the legislation".

This follows the Scottish Government's 2015 consultation on the Rehabilitation of Offenders Act 1974 and its proposal to increase the length of the sentence of imprisonment beyond which prior convictions must always be disclosed, from 30 months to 48 months, and to make changes to rehabilitation periods in Scotland. On 22 December 2015, the Scottish Government published Rehabilitation of Offenders Act 1974: consultation analysis report. However, it has not yet published its own response to the consultation.

Filtering of disclosure checks: In P (AP) v The Scottish Ministers [2017] CSOH 33 CS, the Court of Session considered the filtering process and automatic disclosure, under the Protecting Vulnerable Groups scheme (see Filtering of disclosure checks), of conviction information about an offence committed 27 years earlier when the claimant was a child. It held that automatic disclosure of the conviction was an unlawful and unjustifiable interference of the claimant's rights under art.8 of the European Convention on Human Rights. (Article 8 concerns the right to respect for private and family life.) The Court invited submissions from the parties on the order it should make and suggested that the effect of its decision might be suspended to allow the Scottish Government to consider whether or not to make changes to the statutory scheme. It is not yet known if the Scottish Government intends to review the filtering process.


Employment law

Employment law relevant to recruitment and selection is applicable in Scotland in the same way as it is in England.