Employers
Employers value practical and expert assistance.
Can an employer ask an individual to declare details of all convictions and cautions?
Employers can only ask an individual to provide details of convictions and cautions that they are legally entitled to know about.
Where a Standard or Enhanced DBS check can legally be requested, an employer can only ask an individual about convictions and cautions that are not protected i.e. should be disclosed to employers. To be legally requested, a position must be included in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (as amended) and where appropriate, in the Police Act Regulations (as amended). Please refer to the DBS eligibility guidance for information on which positions this relates to.
If an employer takes into account a conviction or caution that would not have been disclosed, they are acting unlawfully under the Rehabilitation of Offenders Act 1974.
Employers should conduct a case-by-case analysis of any convictions and cautions disclosed and consider how, if at all, they are relevant to the position sought.
It would be advisable for the employer to keep records of the reasons for any employment decision (and in particular rejections), including whether any convictions or cautions were taken into account and, if so, why.
MYTH: It is illegal to hire someone with a criminal record
FACT: The Ministry of Justice say that even where employers are entitled to ask for criminal record checks, spent or unspent, it should not act as an automatic barrier to employment (Workingchance.org, 2017).
FACT: Fines are the most common sentence given by courts and 76% of all convictions are for ‘summary offences’ meaning they are considered less serious
MYTH: All ex-offenders have been to prison
FACT: Only 27% of convictions are for violent crimes and these can range from a fine to a prison sentence. 47% of victims of violent crimes believe the offender was under the influence of alcohol
MYTH: Ex-offenders are violent
MYTH: Ex-offenders are dishonest
FACT: 6% of convictions are for fraud or forgery offences and these people often have no previous convictions
MYTH: Ex-offenders chose their fate
FACT: Many ex-offenders have previous experiences that may have played a part in the outcome. These include being in care as a child, homelessness, anxiety and depression and witnessing or being subjected to domestic violence as a child
