Category: Illegal recruitment

New guidance for insurers on (not) using enforced subject access to get details of criminal records

We’re pleased to see that the Association of British Insurers has produced guidance for insurers which clarifies the position for insurers after section 56 of the Data Protection Act 1998 came into force earlier this year.

For far too long now, some insurance companies have relied on dubious practices when dealing with claims, relying on individuals to get a copy of their full police record, which runs the risk that they take into account spent convictions which the individual didn’t need to disclose. Since earlier this year, this practice was made illegal.

This guidance should help insurers to make sure that they operate fairer practices when dealing with individuals that have criminal records.

Useful links

There is broader guidance for insurers on how they should treat people with a criminal record.
For people with a criminal record, there is a dedicated information section on insurance on our information site.
More information on our work to stop enforced subject access requests can be found here.

New project – Fair Access to Employment

We are delighted to report that Unlock has been awarded a three-year grant from the Esmée Fairbairn Foundation that will enable us to deliver a programme of work that will challenge the discrimination faced by people with convictions in getting employment.

This marks the beginning of a significant area of work for Unlock, enabling us to focus on addressing a number of key issues that combine to unfairly exclude so many people from moving on in their lives.

Building on our track-record of working with Government, employers and other sectors, our approach will aim to ‘support and challenge’. It will also play to Unlock’s strengths as an independent advocacy charity in holding organisations to account and speaking truth to power.

Commenting on the news, Christopher Stacey, Co-Director at Unlock, said “We know from people with convictions that finding and keeping employment is the biggest problem they face as a result of having a criminal record – often many years after they were convicted. This project will enable us to actively challeng some of the unfair treatment that people with convictions face, as well as supporting employers and others involved in recruitment processes, to make sure that people with convictions are treated fairly.”

“Our focus will be to make sure that employers understand that the people we’re encouraging them to open their doors to are those that could be potentially fantastic employees, yet at the moment they’re missing out on these people because of the policies and practices that they have in place. We’ll also be doing a lot of work to improve and challenge processes used by employers to carry out criminal record checks, such as the Disclosure & Barring Service and Disclosure Scotland.”

More details about the project are available at unlock.devchd.com/policy-issues/employment-discrimination

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Notes to editors

Press/media
Unlock is an independent award-winning charity, providing trusted information, advice and support for people with criminal convictions. Our staff and volunteers combine professional training with personal experience to help others overcome the long-term problems that having a conviction can bring. Our knowledge and insight helps us to work with government, employers and others, to change policies and practices to create a fairer and more inclusive society so that people with convictions can move on in their lives. Our website is unlock.devchd.com.
Esmée Fairbairn Foundation aims to improve the quality of life for people and communities throughout the UK both now and in the future. They do this by funding the charitable work of organisations with the ideas and ability to achieve positive change. The Foundation is one of the largest independent grant-makers in the UK. They make grants of £30 – £35 million annually towards a wide range of work within the arts, education and learning, the environment and social change. They also operate a £26 million Finance Fund which invests in organisations that aim to deliver both a financial return and a social benefit. Their website is www.esmeefairbairn.org.uk.

Finally, ‘enforced subject access’ becomes a criminal offence

From tomorrow, 10th March 2015, a practice known as ‘enforced subject access’ becomes a criminal offence, as section 56 of the Data Protection Act comes into force.

As we originally reported in an update to our Information Hub in June 2014, this is an important step in making sure that employers and organisations don’t take part in the unsavoury practice of requiring individuals to provide a copy of their police records through their rights of subject access.

Today, to help people understand what this means in practice, we’re:

Publishing brief guidance for individuals on our self-help Information Hub
Providing a news update for employers, as well as brief guidance for employers and organisations
Highlighting the technical guidance that the Information Commissioners Office has published.

Christopher Stacey, Co-Director of Unlock, said; “Subject access is an important right of individuals to be able to obtain copies of their own criminal record. However, ever since the Data Protection Act came into force, there has been clear evidence of unsavoury practices where employers and others have abused this right by requiring individuals to use this route as a way of checking an individuals’ criminal record, which is a clear abuse, and bypasses the official disclosure regimes which have safeguards built into them.”

“The criminal offence that comes into force will finally give the Information Commissioners Office the tools that they need to deal with the problem. We’ll be monitoring the practices of employers and organisations, and where appropriate, we’ll be challenging those organisations. We also look forward to working closely with the ICO, so that this type of practice can be stamped out. We’re encouraging anybody who knows of practices like this to get in touch with our helpline”.

Employers – New criminal offence; make sure you check your recruitment processes!

Tomorrow, the 10th March 2015, a new criminal offence of ‘enforced subject access’ comes into force, which employers and organisations need to be aware of.

This news has implications on the recruitment processes of employers and organisations. In particular, it has an impact on those that ask individuals to obtain a copy of their police record, for example as part of the recruitment process.

To help to understand the practical implications of this news, and what employers should do, we’ve produced a simple guidance leaflet which explains this in more detail.

We have also produced guidance for individuals with convictions. A link to this, and more background information, can be found in our main news piece.

If you have any questions about this as an employer, you can contact us for advice.

“Enforced subject access” will become a criminal offence on 10th March 2015

We’ve learnt from the Information Commissioners Office that section 56 of the Data Protection Act 1998 will be brought into force on the 10th March 2015.

This means that “enforced subject access” will finally become a criminal offence. As we explained back in June 2014 when this was first announced, this is an important development for people with convictions.

There is more information about this news on our self-help information site.