Candidates with Criminal Convictions Policy
This policy is to outline Carrington West's (“We”, “Us”) commitment to protecting the privacy and rights of contractors with criminal convictions, while also complying with relevant laws and regulations. Carrington West will clearly communicate to contractors with criminal convictions the purpose for which their data will be collected and processed. This should include the specific types of data that will be collected, how that data will be used, and how long it will be retained. Additionally, Carrington West will obtain explicit consent from contractors with criminal convictions whilst in the compliance process.
When recruiting contractors with criminal convictions, Carrington West will ensure that contractors are treated fairly and without discrimination. This includes providing equal opportunities for employment and not discriminating on the basis of the individual's criminal record. However, Carrington West may need to conduct additional background checks or assessments to ensure that the contractor is suitable for the role.
Who is covered by this policy?
Candidates that disclose criminal convictions.
Introduction – Why?
All employers are entitled to ask applicants to disclose details of any convictions which are not yet spent under the terms of the Rehabilitation of Offenders Act 1974. This Act also provides for some criminal records to become spent after a period of time.
For majority of roles, employers are not allowed to consider convictions that are spent, unless the candidate is working within:
• Social Services
• Youth Service
• Education Service
• Or if you are working with any of the following; Under 18-year olds, Those with mental impairment, Over 65-year olds, Those with a sight, hearing or speech impairment.
Collecting your information
Contractors’ initial disclosure:
At offer acceptance, our compliance team will collect your required documents and general information. At this point candidates will be asked to and must disclose (under the Rehabilitation of Offenders Act 1974):
• Unspent convictions
• Spent convictions – only if they are to be employed in the listed sectors on the previous page.
Collection of all personal data, including criminal records information, is covered by the General Data Protection Regulation (GDPR) and Data Protection Act 2018. This means identifying a lawful basis and condition of processing and letting candidates know how you will uphold their data subject rights.
Our approach to those who disclose:
Step 1 – Speak to candidate and allow them to explain the circumstances and address our concerns. We will ask for the following: year conviction occurred, type of sentence, length of sentence, if it is unspent/spent.
Step 2 – Consultant will discreetly disclose all information collected to the end client for their review. We will address their concerns or questions after speaking to you.
Step 3 – Any questions the candidate may have about the matter can be raised at any time and we will be more than happy to address any of their concerns during this process and will endeavour to keep the candidate informed.
Step 4 – Carrington West will document the above process to ensure that we have followed our policy.
DBS checks – eligibility?
The Disclosure and Barring Service (DBS) helps employers make safer recruitment decisions each year by processing and issuing DBS checks for England, Wales, the Channel Islands and the Isle of Man. DBS also maintains the Adults’ and Children’s Barred Lists, and makes considered decisions as to whether an individual should be included on one or both
of these lists and barred from engaging in regulated activity. DBS is an executive non-departmental public body, sponsored by the Home Office.
There are four types of DBS check, and each type results in a DBS certificate being issued to an individual. Employers can then ask to see the certificate to ensure that they are recruiting suitable people into their organisation.
The four levels of DBS check are:
• Basic DBS check
• Standard DBS check
• Enhanced DBS check
• Enhanced with Barred List(s) DBS check
Carrington West carry out DBS checks on candidates when required for the job role. We ensure the job is eligible for the level of check requested as knowingly requesting a higher level check is a criminal offence under the Police Act 1997.
Guidance for candidates:
When disclosing your criminal conviction(s) please be prepared and forth coming with answers to any questions Carrington West or the end client may have.
Please see links below for advice on disclosing and also how to check if you need to disclose:
• Check if you need to tell someone about your criminal record - https://www.gov.uk/tell-employer-or-college-about-criminal-record
• When & how to disclose to employers - https://unlock.org.uk/wp-content/uploads/2016/03/When-and-how-to-disclose-to-employers.pdf
It is important that candidates with criminal convictions are treated fairly and in line with our policy. Carrington West encourages candidates to raise any concerns or complaints about the way their matter has been addressed, as this is an important step to ensuring that their rights are respected and that any issues are addressed promptly and appropriately.
Additionally, Carrington West will review this policy regularly to ensure it’s up to date with changes in the law so we can remain compliant and continue to provide a fair and transparent process for candidates with criminal convictions.
Author: Lily Nothard
Date Created: May 2023
Authorised by: James Fernandes
Position: Managing Director