Example HR policies (extract)
2.3 Recruitment of Ex-offenders and CRB Disclosures
Family Action complies fully with the CRB Code of Practice and undertakes to treat all applicants for positions fairly. Family Action undertakes not to discriminate unfairly against any person subject to a Disclosure on the basis of conviction or other information revealed. This statement on the recruitment of ex-offenders is made available to all Disclosure applicants at the outset of the recruitment process.
Family Action will only request a disclosure after a thorough risk assessment has indicated that one is both proportionate and relevant to the position concerned. For those positions where a Disclosure is required, all application forms, job adverts and recruitment packs must contain a statement that a Disclosure will be requested in the event of the individual being offered the position.
Where a Disclosure is to form part of the recruitment process, Family Action encourages all applicants called for interview to provide details of their criminal record prior to attending interview. Family Action requests that this information is sent under separate, confidential, cover to the Director of Human Resources and Family Action guarantees that this Family Action HR Policies & Procedures - updated August 2008 24 information will only be seen by those who need to see it as part of the recruitment process.
Unless the nature of the position allows Family Action to ask questions about someone’s entire criminal record Family Action will only ask about "unspent" convictions as defined in the Rehabilitation of Offenders Act 1974.
Human Resources will ensure that those in Family Action who are involved in assessing the relevance of a criminal conviction to a post have been suitably trained to identify and assess the relevance and circumstances of offences. Human Resources will also ensure that they have received appropriate guidance and training in the relevant legislation relating to the employment of ex-offenders, e.g. the Rehabilitation of Offenders Act 1974. Human Resources will ensure that an open and measured discussion takes place on the subject of any offences or other matter that might be relevant to the position. An applicant’s failure to reveal information about criminal convictions or other relevant nonconviction information immediately following a formal offer of employment will normally lead to withdrawal of that offer.
Human Resources will ensure that every applicant who is subject to a CRB Disclosure is made aware of the existence of the CRB Code of Practice, a copy of which will be made available on request.
Family Action undertakes to discuss any matter revealed in a Disclosure with the person seeking the position before withdrawing a conditional offer of employment.
Family Action will assure all applicants subject to a CRB Disclosure that having a criminal record will not necessarily prevent them from being employed by us. This will depend on the nature of the position and the circumstances and background of the applicant’s offences.
See page 119 re convictions / charges arising after CRB disclosure has been done. Retention and disposal of Disclosure information
Once a recruitment (or other relevant) decision has been made, Family Action do not keep Disclosure information for any longer than is necessary. The maximum this may be for is up to six months, to allow for the consideration and resolution of any disputes or complaints. If, in very exceptional circumstances, it is considered necessary to keep Disclosure information for longer than six months, we will consult the CRB about this and will give full consideration to the data protection and human rights of the individual before doing so. Throughout this time, the usual conditions regarding the safe storage and strictly controlled access will prevail.
Once the retention period has elapsed, we will ensure that any Disclosure information is immediately destroyed by secure means, i.e. by shredding, pulping or burning. While awaiting destruction, Disclosure information will not be kept in any insecure receptacle (e.g. waste bin or confidential waste sack). We will not keep any photocopy or other image of the Disclosure or any copy or representation of the contents of a Disclosure. However, notwithstanding the above, we may keep a record of the date of issue of a Disclosure, the name of the subject, the type of Disclosure requested, the position for Family Action HR Policies & Procedures - updated August 2008 25 which the Disclosure was requested, the unique reference number of the Disclosure and the details of the recruitment decision taken.