Employing Ex-Offenders: Convictions Disclosure Regime Changes

Summary and implications

Employing ex-offenders is a sensitive issue: some employers are wary of potential risks and reputational damage, while others embrace the idea wholeheartedly. Sir Richard Branson, for example, "would like to encourage more companies to proactively recruit ex-offenders".

Most job applicants and employees are not obliged to disclose past criminal convictions. There are a number of important exceptions and safeguards, in particular regarding certain professions and jobs involving children and vulnerable adults. However, it is open for employers to require job applicants and employees to disclose all "live" convictions, that is those which are not "spent". The Rehabilitation of Offenders Act 1974 sets out the periods of time during which convictions remain live. These periods will be reduced with effect from 10 March 2014, in an attempt to increase the employment opportunities for ex-offenders.

What does this mean to you?

Ensure your HR team is aware of the new disclosure periods. A refusal to employ an employee because he or she has a conviction which turns out to be spent is unlawful. Although the individual has limited remedies, the business could suffer reputational damage. Dismissal in similar circumstances would almost always be unfair, subject to the employee's right to bring a claim (e.g. two years' continuous employment). Be clear about your organisation's needs and priorities. How do the new disclosure periods fit with your various employment, business and reputational needs? If you operate within a regulated profession, the changes may still affect some of your employees. This is an opportunity to ensure your...