Job applicants with convictions

Updating author: Unlock

XpertHR editor: Laura Merrylees

Summary

• Under the Rehabilitation of Offenders Act 1974, most sentences become "spent" after a defined period. (See The provisions of the Rehabilitation of Offenders Act 1974)
• For most positions it is unlawful to refuse to employ someone on the ground that they have a spent conviction. (See The provisions of the Rehabilitation of Offenders Act 1974)
• There are a number of exempted jobs and professions for which it is lawful to reject a job applicant because of a spent conviction. (See Exempted jobs)
• Some cautions and convictions become "protected" after a defined period. (See Protected cautions and convictions)
• There are four types of criminal records certificate, which show information about convictions. (See Access to criminal records)
• 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)