Nationwide Maintenance recognises that in order to appoint on merit and to comply with our Equal Opportunities policy it should consider candidates for employment from the broadest range possible, which also includes ex-offenders.
It is recognized that a significant proportion of the working population will have been convicted of a criminal offence at some time. Obtaining a job is an essential part of successful rehabilitation. Fifty percent of offenders are in the under 21 age bracket. Failure to obtain paid employment is a major reason for re-offending.
However, the Company recognises that for certain roles it may be inappropriate to employ ex-offenders. This is particularly the case where job duties will require employees to work in close proximity to children or other vulnerable people. To ensure the safety of such groups the Company will seek disclosure of criminal records for certain posts.
Scope
This policy relates to the recruitment and employment of all employees.
Legislation
Rehabilitation of Offenders Act 1974. This Act makes it unlawful for employers, or prospective employers, to take into account offences in relation to which the individual concerned is deemed to be rehabilitated. This means an individual who has had a conviction for an offence may, with certain exceptions, be allowed to treat the conviction as if it never occurred. Under the terms of this Act information on “spent” convictions can only be requested if the post is exempt under the Act and employers can ask for full disclosure of all convictions.
The Police Act 1997 makes provision for different levels of criminal record checks.
The Data Protection Act 1998 sets requirements for those handling sensitive personal data which will include data relating to criminal records.
Protection of Children Act 1999 and the Criminal Justice and Court Services Act 2000 make it an offence to offer employment that involves regular contact with young people to a person who has been convicted of certain types of offences or included on lists of people considered unsuitable for such work held by the Department for Education and Employment and the Department of Health.
Policy Standards
As part of the policy the Company will ensure that recruitment is made by objective assessments as follows:
- It will focus on the candidate's abilities, skills, experience and qualifications;
- It will consider the nature of the conviction, if not spent, and its relevance to the position in question;
- It will identify the risks to the Company's business, customers and employees;
- It will recognise that having a criminal record does not always mean a lack of skills, qualifications and experience;
- Note that high quality training, leading to qualifications, is available in prisons.
Recruitment Practice
As part of its recruitment practice the Company will seek disclosure of criminal records from the Criminal Records Bureau for potential employees who will be working with or may be required to work with children or other vulnerable people. It may not necessarily seek disclosure for other positions, although it reserves the right to so.
As an organisation using the Criminal Records Bureau (CRB) disclosure service to assess applicants suitability for positions of trust, Nationwide Maintenance complies fully with the CRB Code of Practice and undertakes to treat all applicants for positions fairly. It undertakes not to discriminate unfairly against any subject of a disclosure on the basis of a conviction or other information revealed.
This written policy on CRB disclosures and Rehabilitation of offenders is made available to all applicants at the outset of the recruitment process.
Standard Disclosure, which may be obtained for a potential employee whose duties include:
- Regular contact with children;
- Working with the elderly, sick or disabled;
- Working in sensitive areas or professional positions (e.g. accountancy, financial services or law).
A standard disclosure will reveal any spent or unspent convictions, as well as cautions, warnings and reprimands held at a national level. It will also reveal whether the person is included on the list of those considered unfit to work with children held by the Department for Education and Skills.
Enhanced Disclosure can be obtained for potential employees whose duties involve regular caring for, training, supervising or being in sole charge of persons under 18, or in a similar position which involves working with vulnerable adults such as in a care home. The
Police Act 1997 defines vulnerable adults as:
- Those who receive accommodation and nursing or personal care in a care home;
- Those who receive personal care in their own home;
- Those receiving health care via the NHS or an independent health agency;
- Those receiving services in an establishment catering for those with learning difficulties;
- Anyone who has substantial learning, mental or physical disabilities.
Enhanced disclosure involves an extra level of checking with local police force records as well as national records.
Enhanced disclosures are confined to those exercising care, training or supervision functions. Nationwide employees who have contact with children or other vulnerable individuals do not perform these functions and only standard disclosure will be sought.