February 2003
Recruiting with peace of mind
New disclosure scheme means companies can now conduct criminal record investigations on potential employees, writes Jackie Cameron.
One-third of males have criminal convictions, excluding motoring offences, by the age of 30, according to recent findings from the Home Office.
Many of the convictions are never disclosed and, until recently, unless an employee’s work involved children or had national security implications, employers were unable to check whether job applicants had a criminal record. However, the launch of a new disclosure scheme means organisations are now able to conduct criminal record investigations on potential employees.
Set up by the Scottish Executive at the beginning of this year, Disclosure Scotland is responsible for the new scheme, which will enable employers to make safer recruitment decisions. There are three types of disclosure available, each one offering a different level of recruitment check.
The latest to be launched is the Basic Disclosure which is primarily available for general recruitment purposes and shows only current, unspent convictions. It enables organisations in the public, private and voluntary sectors to identify candidates who may be unsuitable for certain types of work. This document is particularly relevant for those working in financial, security or legal environments, or those working with children or vulnerable adults.
“Until now we have had to rely on the honesty of the employee, coupled with checks to verify the candidate’s qualifications and references to confirm the background of potential employees,” said Judith Thorpe, Recruitment Director of accountancy specialists Thorpe Molloy.
“This was an unsatisfactory method because we had to rely on the employee providing accurate, honest information. The new Basic Disclosure will allow us to make fully informed recruitment decisions for the first time, ensuring that the staff we supply to our clients are suitable in every respect. It will also help us to create a safer working environment by ensuring that those working in positions of trust do not have an unsuitable background.
“However, trust need to work both ways.” Thorpe continued. “On the one hand the employer needs to know that they are employing someone who is suitable for the role and on the other the employee needs to know that the employer is going to act fairly upon the information that is provided.
“For example, a recent Home Office survey showed that offenders were found to be intoxicated in 50 per cent of street crimes and 85 per cent of crimes in pubs and clubs. Some of these will have been one-off offences and someone who committed a one-off crime 20 years ago, had never offended since and had been in steady employment since then would have to be categorised differently from someone who had habitually broken the law for the past twenty years.”
Home Office statistics also show that ex-offenders already face considerable difficulties finding work and that, out of 22,000 job applicants made by people with a criminal record, less than one per cent of applicants had revealed they had a criminal record.
“As the statistics show, many offenders are currently ‘hidden’ in the labour market because they are not disclosing their criminal records.” explained Thorpe.
“The new procedures will mean that fewer people will now be able to hide their convictions and so employers are going to have to act responsibly upon the information they receive. Employers must take account of the fact that not all people with a criminal conviction can be categorised in the same way.”
There are a number of guidelines in place designed to protect the employee,” she continued. “For example, although all employers and voluntary organisations are now able to ask prospective employees and volunteers to obtain a Basic Disclosure, it can be applied for by, and issued to, the individual concerned. It is then the choice of the individual as to whether they pass the certificate onto their employer.”
Being able to obtain and keep a job is a crucial part in whether a former offender is able to play a full part in society in the future. It is therefore vital that employers exercise their judgement in a reasonable and balanced way, and on the basis of a realistic assessment of perceived risk. The individual remains in control of the process from application to receipt of the Basic Disclosure. In the vast majority of cases, the applicant will receive the Basic Disclosure within one week of the application being made.
“Employers will have to ensure that they use the information responsibly and take steps to avoid unnecessary discrimination against people who have been convicted in the past,” said Thorpe. “We would urge employers to take into account a number of factors before reaching a recruitment decision,” she concluded. Employers are advised to consider:
- Whether the criminal conviction or other matter revealed is relevant to the post in question.
- The seriousness of any offence revealed.
- The length of time since the offence occurred.
- Whether the applicants circumstances have changed since the offending behaviour, and the circumstances surrounding the offence and the explanation offered by the applicant.
- Whether the applicant has a pattern of offending behaviour.
Further information about Disclosure Scotland and the new Basic Disclosure can be obtained by visiting www.disclosurescotland.co.uk
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