Criminal Record Disclosures

The right disclosures for the right people at the right time.

As part of any recruitment process you may be required to obtain Criminal Record Disclosures. In the United Kingdom these are obtained through the Disclosure and Barring Service (DBS) which replaced the Criminal Records Bureau in December 2012.

Under the Rehabilitation of Offenders Act 1974, a person with a criminal record is not required to disclose any spent convictions unless the position they are applying for, or are currently undertaking, is listed as an exception under the Act.

It is essential that as an employer you comply with any legislation, regulatory control and contractual requirement.

The UK Ministry of Justice has stated that organisations should not routinely insist that a DBS check forms part of a recruitment exercise or bid when tendering for contracts as this may breach employment law should certain criteria not be met, unless the services provided meet the criteria for an eligible DBS check. See DBS Guide to Eligibility.

It is essential that as an employer you comply with any legislation, regulatory control and contractual requirement. It is important that you check that any requirement being placed upon you is legally compliant and does not in itself expose you to any risk.

A cost effective Basic Disclosure or self-declaration combined with a supporting identity verification, right to work and employment history may be all that is required for you to address the risk.

The completion of a risk assessment to determine the correct approach can save time and expense whilst ensuring that any requirements are met.