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Guidance for Employers who require Criminal Records Checks

The Disclosure and Barring Service has published guidance for employers following the introduction of a filtering system under which, certain old and minor cautions and convictions are no longer subject to disclosure.

The Disclosure and Barring Service guidance explains the changes in the law which were introduced in May.

It also recommends that job application forms be amended so that employers ask the right questions and employees give a legally accurate answer.  It encourages employers to include the following wording in their standard application forms:

“The amendments to the Exceptions Order 1975 (2013) provide that certain spent convictions and cautions are ‘protected’ and are not subject to disclosure to employers, and cannot be taken into account”.

Guidance and criteria on the filtering of these cautins and convictions can be found on the Disclosure and Barring Service website.

The Minsitry of Justice suggests that employers use the followig question as a template ofr their own processes whey they are asking about previous criminal offences:

“Do you have any convictions, cautions, reprimands or final warnings that are not ‘protected’ as defined by the Rehabilitations of Offenders Act 1974 (Exceptions) Order 1975 (as amended in 2013).”





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