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Job applicants with convictions

Updating author: Rob Davies

Summary

  • Under the Rehabilitation of Offenders Act 1974, certain convictions become "spent" after a defined period. (See The provisions of the Rehabilitation of Offenders Act 1974)
  • It is usually unlawful to refuse to employ someone on the ground that he or she has a spent conviction. (See The provisions of the Rehabilitation of Offenders Act 1974)
  • There are a number of excluded jobs and professions for which it is lawful to reject a job applicant because of a spent conviction. (See Excluded jobs)
  • Individuals, with prospective employers, can apply to the Disclosure and Barring Service for information about their convictions. (See Access to criminal records)
  • There are four types of criminal records certificate. (See Access to criminal records)
  • Under the Safeguarding Vulnerable Groups Act 2006, there is a centralised vetting system for people barred from working with children and/or vulnerable adults. (See Safeguarding vulnerable groups)
  • It is an offence for an employer knowingly to permit someone who is barred from working with children or vulnerable adults to engage in a "regulated activity". (See Safeguarding vulnerable groups)
  • Employers and employment businesses and agencies are under a duty to pass information about individuals who have harmed a child or vulnerable adult to the Disclosure and Barring Service. (See Duty to refer)
  • Employers may need to carry out additional checks on job applicants for posts that could be vulnerable to bribery risks. (See The implications of the Bribery Act 2010)

Sector resources

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