Equal opportunities and recruitment of ex-offenders policy

Equal opportunities policy statement

The Jon Egging Trust (‘JET’) is committed to the fair treatment of its current and potential staff and volunteers or users of its services, regardless of race, gender, religion, sexual orientation, responsibilities for dependants, age, physical/mental disability or offending background.

Recruitment of ex-offenders policy statement

As an organisaion using criminal record checks processed through the Disclosure and Barring Service (DBS) to assess applicants’ suitability for positions which are included in the Rehabilitation of Offenders Act 1974 (Exceptions) Order, JET complies fully with the DBS Code of Practice and undertakes to treat all applicants fairly. JET makes this policy on the recruitment of ex-offenders available to all DBS applicants at the outset of the recruitment process. Every subject of a criminal record check submitted to the DBS is made aware of the existence of the Code of Practice and a copy is made available on request.

An application for a criminal record check is only submitted to the DBS after a thorough risk assessment has indicated that it is both proportionate and relevant to the position concerned. For those positions where a criminal record check is identified as necessary, all application forms, job adverts and recruitment briefs will contain a statement that an application for a DBS certificate will be submitted in the event of the individual being offered the position. JET aims to ensure that all current and potential staff and volunteers are treated fairly and on an equal basis, irrespective of their sex, age, disability, race, religion or belief, sexual orientation, pregnancy and maternity, marriage and civil partnership, gender reassignment, social status, offending background or part-time or fixed term contract status. JET actively promotes equality of opportunity for all with the right mix of talent, skills and potential, welcomes applications from a wide range of candidates and selects all candidates based on their skills, qualifications and experience. JET undertakes not to discriminate unfairly against any subject of a criminal record check on the basis of a conviction or other information revealed.

JET can only ask an individual to provide details of convictions and cautions that JET is legally entitled to know about. Where a DBS certificate at either Standard or Enhanced level can legally be requested (where the position is one that is included in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 as amended, and where appropriate Police Act Regulations as amended), JET can only ask an individual about convictions and cautions that are not protected and will be disclosed on the DBS certificate.

JET ensures that all those who are involved in the recruitment process have received appropriate guidance and training on the relevant legislation relating to the employment of ex-offenders, e.g. the Rehabilitation of Offenders Act 1974. JET ensures that an open and measured discussion takes place with the individual seeking the position on the subject of any offences or other matter that might be relevant, including any matter revealed on a DBS certificate, before withdrawing a conditional offer of employment. Failure to reveal information that is directly relevant to the position sought could lead to withdrawal of an offer of employment.

Handling and storage of DBS information

The information provided by the DBS is highly confidential and will only be used to assess the suitability or otherwise of the applicant for the job in question. Notes of any discussions with the candidate and rationale for the decision-making process will be stored electronically in the applicant’s file. The DBS snapshot will be kept on file for a period of 6 months and a record will be made on the JET staff HR spreadsheet/volunteer record that a check has been carried out, including the unique disclosure number, type of check carried out and the issue date.

Existing employees and DBS rechecks

All existing staff in posts which are subject to a DBS check will be required to register with the Online Update Service, if they have not already done so, at the time their recheck is due. The cost of registration will be funded by JET.

In addition, as a disclosure is a snapshot in time and has no ongoing validity, rechecks will be undertaken every three years for existing employees and volunteers.

Author: Laura Mears

Implemented: 25/08/2019