We have to do enhanced DBS checks for our staff given the fact that we work with vulnerable adults in a care setting. We interviewed a man in his mid thirties who, in many ways, would be ideal for the job, however he disclosed at interview that he had been given a caution for a minor theft when he was a teenager, and at 19 he was convicted of driving without insurance, he was given a fine and banned from driving for 6 months. I said to him that we could not employ him as a consequence, as those two convictions will appear on his DBS check. We are right surely in taking this approach?
Peter replies:
If he is otherwise ideal why would you not want to employ him? One in three men under the age of 30 has a criminal record and the social consequences of not employing many of these men are colossal. Many employers will be employing people with a criminal record, and are blissfully unaware of this, and even if they found out would just shrug their shoulders and say “So what, he is doing a great job and we trust him”. Everyone deserves a second chance.
Nacro (the crime prevention charity) recommend that it is good practice for employers to have regard to the following factors:
- whether the conviction (or other matter revealed) is relevant to the job in question
- the seriousness of the offence
- the length of time since the offence was committed
- whether there is a pattern of offending or other relevant matters
- whether the applicant’s circumstances have changed since the offending behaviour
- the circumstances surrounding the offence
- the explanation offered by the individual involved.
Nacro recommends that employers do not have a blanket ban on employing ex-offenders, but instead carry out a risk assessment, which is relevant to the sector, position and situation. We would concur with this approach.
It is important to maintain an open, non-judgemental attitude when undertaking this risk assessment. The aim of this procedure is to ensure that the applicant receives a fair and objective assessment as part of the employer’s commitment to preventing unfair ‘discrimination’ against ex-offenders.
The safety and well-being of your service users, staff and other stake-holders should be the overriding priority at all times You will also be seeking to maintain the reputation and good standing of your employees, and your reputation as a business. You must be careful, but should not be too risk averse. Presumably like any other employee he will be on a probationary period, so they will have a chance to prove themselves, and you will have a chance to assess just how good they are at the job.
You should also think about developing a policy to guide your future actions and getting advice from support organisations such as Business in the Community.
The guidance provided in this article is just that – guidance. Before taking any action make sure that you know what you are doing, or call us for specific advice.
