Ex-Offenders
The fact that a person has a criminal record can be irrelevant to the job for which they are applying.
Employers will need to decide, given the nature of the job they are trying to fill, whether they wish, or are required by law, to seek a Disclosure Certificate.
If there is no legal obligation, a Disclosure Certificate need not be a blanket requirement in all circumstances.
It is good employment practice that all applicants should be asked to disclose appropriate convictions.
In most cases the employer will only be able to ask about unspent convictions. This ensures consistency and fairness and also ensures that the employer is seen to be recruiting safely.
It is essential that anyone who has been convicted is treated fairly.
All employers should have available a written policy on the recruitment of people who have been convicted in the past. The Northern Ireland Association for the Care and Resettlement of Offenders (NIACRO) have produced a guide entitled Working with Conviction to assist employers facing such situations. A copy of the guide is available from NIACRO offices or by contacting them at 02890 320157 or www.niacro.co.uk
Anyone applying for a position should be informed at the outset if a Disclosure Certificate is required. This will provide a basis for the person to decide whether or not to apply for the post. Organisations should emphasise that this information will be used only to assess the person’s suitability for employment insofar as it is relevant and that they will be considered on merit and ability and not discriminated against unfairly.
The information contained on a Disclosure Certificate is very sensitive and should only be sought where there is a legitimate need. Certificates must not be used as a means of turning down job applicants simply because they have a criminal record.
Employers must therefore ensure that they carry out an objective risk assessment in considering the relevance of the conviction to the post on offer.
It is for the employer to decide the appropriate level of check.
However, if an individual’s name is included (other than provisionally) on the Disqualification from Working with Children (DWC (NI)) List or the Unsuitable Persons (UP) List they are disqualified from working in a regulated position and it is an offence to employ them in such a position.
It is also an offence for the individual to seek work in a regulated position.
If an individual is listed on the disqualification from Working with Vulnerable Adults (DWVA (NI)) List they are disqualified from working in a care position and it will be an offence to employ them in such a position. It will also be an offence for the individual to seek work in a care position.