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Unlock Category: 2. Work and volunteering

‘How long do I have to disclose my criminal record for?’ – A detailed guide to the Rehabilitation of Offenders Act 1974

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Working in the healthcare sector

Aim of this page

People who work in healthcare and other allied professions are part of a large and diverse workforce, caring for predominantly vulnerable individuals.

Employers recruiting into these roles can be especially risk averse and don’t always make the most sensible or proportionate decisions in terms of risk.

This page is part of our section on looking for (and keeping) employment and volunteering and pulls together some of the roles set out on our A-Z list of common occupations and professions.

Why is this important?

Many roles in the health and social care sector will require an enhanced Disclosure and Barring Service check. For anybody working in regulated activity (for example doctors or nurses) a check of the Children’s and/or Adults Barred List will also be carried out.

Having an understanding of the questions you will be asked by the appropriate relevant body, (for example the General Medical Council or the Nursing and Midwifery Council) and knowing what legally you need to disclose should ensure you do not over or under disclose. It will also allow you to give some thought to how you respond to any concerns raised by registering bodies or employers.

Doctor

To practice medicine in the UK you will need a licence and will have to join the UK medical register. As part of their registration process, the General Medical Council (GMC) will ask you to provide evidence of your fitness to practice. This will include details of any health conditions which may affect your ability to practice as a doctor as well as details of your criminal record.

What do the GMC need to know about your criminal record?

With regard to your criminal record, the GMC ask the following questions:

Have you been formally cautioned or convicted by the police or a court?

[If your caution or conviction is protected by law in the UK, answer ‘No’]”

If you have a caution or conviction that isn’t protected (filtered) you will need to give the following details:

  • The date the caution was issued or the date you were convicted
  • Details of the offence and the circumstances leading up to it
  • The name and address of the issuing court or police service
  • Whether you disclosed your caution/conviction to your employer or medical school/university, and if so, what the outcome was.

In addition to the above question, the GMC also ask:

Has any other action been taken against you by the police or a similar organisation?”

In their guidance, the GMC state that you should tell them about other police actions which did not result in a caution or conviction, for example if:

  • You have been interviewed under caution or arrested for a violent or sexual offence
  • You have been charged with a criminal offence and the outcome is pending
  • You have received a cannabis warning in England or Wales
  • If you have received a penalty notice for disorder for an upper tier offence.

You do not need to disclose Fixed Penalty Notices (FPN).

You can find further guidance from the GMC regarding the disclosure of cautions and convictions here.

How do the GMC make a decision when a caution or conviction is disclosed?

Disclosing a caution or conviction will not necessarily mean that the GMC will refuse your registration; they look at each application on a case-by-case basis. They will consider:

  • The seriousness of the offence and the punishment you received
  • Any mitigating factors
  • What you have done to address your offending behaviour.

The GMC Sanctions Guidance is used by the Fitness to Practice Panels when making their decisions.

Nurse

Student nurses

As part of a nursing degree, students will be required to carry out clinical placements which involve undertaking regulated activity.

It is usually the case that as part of their admissions process, universities will apply for a DBS check for anybody applying for a nursing course in readiness for clinical placements.

Staff new to the NHS

If you are new to the NHS, you will often receive a conditional offer of employment before your employer has received your DBS certificate. It’s important to note that although you will be able to complete an induction or training, you will probably find that your duties will be restricted to non-regulated activity until the outcome of your DBS check is known.

If you are going to be working in regulated activity with adults, an employer can find out whether you are on the barred list by carrying out a DBS Adult First check.

Existing staff changing jobs within the same organisation

A new DBS check will not usually be required if you are changing jobs within the same organisation and the roles and responsibilities of your new job do not change or do not require a different level of check.

The need for a new DBS check can be triggered when:

  • You’ve never had a criminal record check before and you are moving to a role that now requires you to have one.
  • Your new position significantly changes your role, responsibilities or the amount of contact you will have with vulnerable groups.

Employers will usually make it clear that staff have a contractual obligation to disclose any criminal cautions or convictions that are acquired during their employment. Failure to disclose relevant information relating to your criminal record or barred list status may lead to disciplinary action and possible dismissal.

Disclosure and Barring Service (DBS) checks

The level of DBS check carried out by the employer will depend on the role you are applying for. NHS Employers have produced some guidance around role eligibility which can be found here.

In May 2013 the rules around what is (and is not) disclosed on standard and enhanced DBS certificates was introduced. These rules were updated on 28 November 2020.

Under the filtering rules, you do not need to disclose any cautions or convictions that have been filtered (‘protected’), irrespective of whether you are going to be engaging in regulated activity. It is unlawful for an employer to take any protected cautions and convictions into account when making a recruitment decision.

Other types of check

Self-declaration

Many NHS Trusts will ask applicants to disclose details of their criminal record at application stage. Others will require successful applicants to complete a self-declaration form at job offer stage.

These declaration forms include a range of questions the employer is legally entitled to ask including information about criminal records, registration with professional bodies and fitness to practise. Employers might use the standard NHS model declaration forms or one that is organisational specific. It is important however that the employer uses the correct form for the job they are recruiting for so that applicants do not over or under disclose their criminal record.

  1. Model declaration form A – should only be completed if you are applying for a position which is exempt from the Rehabilitation of Offenders Act 1974. These are positions which are eligible for either a standard or enhanced DBS check and set out in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (as amended) or the Police Act 1997.
  2. Model declaration form B – should only be completed if you are applying for a position which is covered by the Rehabilitation of Offenders Act 1974 and which requires a basic DBS check.

Overseas police checks

If you are applying for a job from outside the UK you will usually be asked to provide an overseas police certificate from your most recent country of residence. Further guidance on applying for an overseas police check can be found here.

How do the NHS deal with a positive disclosure?

Disclosing your criminal record to an employer does not automatically mean that you will be refused a position in the NHS. NHS employer’s consider each application on a case-by-case basis assessing the information provided during the application, interview and criminal record checking process.

Guidance published in January 2021 by NHS Employers suggests that before offering any appointment, line managers/HR should give careful consideration to individuals:

  • Currently on licence or a community order
  • Subject to a suspended prison sentence
  • Under a conditional discharge
  • Subject to Terrorism Prevention and Investigation measures.

Line managers/HR will in the first instance consider an individuals skills, experience and ability to do the job they’re applying for and should only take into account cautions/convictions which are relevant to the post.

  • How relevant the offence(s) is in relation to the job you are applying for.
  • That there are no legal or regulatory issues which would prevent you from doing the job – for example if the job involves regulated activity, make sure the employer knows that you are not on a barred list.
  • The nature and seriousness of the offence(s).
  • The age you were at the time of the offence(s).
  • Whether the offence(s) is a one-off or forms a pattern of offending.
  • The circumstances at the time you received your criminal record and what you have done since then.

As stated above, many NHS Trusts will ask you to complete a self-declaration form and, due to the complexities of the criminal justice system it can be easy for applicants to misunderstand or get confused about what needs to be disclosed. Unfortunately, employers will often become concerned about any discrepancies in the information you have provided compared with that shown on a DBS certificate and therefore, before disclosing to an employer we recommend you:

If you’re not sure about the date of your caution/conviction, what you were cautioned/convicted of or the sentence or disposal you received, apply for a copy of your police record. This is referred to as a Subject Access Request (SAR) and can be applied for online; it is free and takes approximately 30 days.

Find out what, (if any), level of criminal record check the employer will be doing.

If the role is covered by the ROA and requires a basic DBS check, use Unlock’s disclosure calculator to work out whether you have any convictions which are unspent and which need to be disclosed.

If the role is exempt from the ROA and requires a standard or enhanced DBS check, use our brief guide to find out which cautions/convictions will be removed from a standard/enhanced DBS and no longer need to be disclosed.

Other health and care professions

Allied health professionals make up the third largest clinical workforce in the NHS.

.

  • Arts therapists
  • Biomedical scientists
  • Chiropodists/podiatrists
  • Clinical scientists
  • Dietitians
  • Hearing aid dispensers
  • Occupational therapists
  • Operating department practitioners
  • Orthopists
  • Paramedics
  • Physiotherapists
  • Practitioner psychologists
  • Prosthetists/orthotists
  • Radiographers
  • Speech and language therapists

All of the above roles are covered and regulated by The Health and Care Professions Council (HCPC).

When applying to join the HCPC Register you will be asked the following questions:

  1. Have you been convicted of a criminal offence or received a police caution (other than a protected caution or protected conviction)?
  2. Are you or have you ever been barred under the Safeguarding Vulnerable Groups Act 2006 and/or the Protection of Vulnerable Groups (Scotland) Act 2007 from working with children and/or vulnerable adults.

A criminal record will not automatically bar you from working in any of the above roles although disclosure is likely to lead to your registration needing to be considered at a panel hearing.

The HCPC’s guidance on health and character states that your application is likely to be rejected if you have been convicted or accepted a police caution for an offence involving:

  • Violence
  • Abuse
  • Sexual misconduct
  • Supply of drugs
  • Child pornography
  • Dishonesty

Any conviction which resulted in a prison sentence would usually mean that your application would be refused.

Useful links

Below you will find links to useful websites relating to this page. More specific details (including addresses and telephone numbers) of some of the organisations listed can be found here.

More information

  1. For practical self-help information – We have further information on looking for (and keeping) employment and volunteering.
  2. To read personal stories – You can read stories about this posted on theRecord, our online magazine.
  3. To discuss this issue with others – Read and share your experiences on our online forum.
  4. Questions – If you have any questions about this you can contact our helpline.

Get involved

Help us to add value to this information. You can:

  1. Comment on this information (below)
  2. Send your feedback directly to us
  3. Discuss your views and experiences with others on our online forum
  4. Share your personal story by contributing to our online magazine, theRecord.

Applying for an anonymity order when bringing a claim against an employer

Aim of this page

This page aims to provide information on applying for an anonymity order if you’re considering bringing a claim against an employer at an employment tribunal and you would like to keep your personal details anonymous.

Why is this important?

Since 2017, employment tribunal decisions have been published online. This means that the names of anyone making a claim at a tribunal (together with the other parties involved) may show up on an internet search.

Knowing that you’ve made a claim against a previous employer could potentially give any further employers an unjustified negative opinion of you. In some cases, they may have sight of sensitive data which may not be accessible anywhere else, for example details of a spent conviction. For this reason, you may wish to try and obtain an anonymity order, so that your personal information is not available online.

How can the publication of an employment tribunal decision affect you?

We know that many employers now use the internet as a way of carrying out informal checks on potential employees. This could be to verify your employment history (matching the information you’ve provided on your CV to that which they can find online), to check whether you have a criminal record (from newspaper reports) or just to see the sort of posts you’ve added on social media. These searches will often reveal the decisions made by an employment tribunal and some employers may be put off from employing you simply because you’ve previously brought a claim.

Potential employers (and the general public) will also have access to whatever details are included in the tribunal decision. This is despite there being legislation in place elsewhere which prohibits employers from having access to some of this information. For example, the Rehabilitation of Offenders Act makes it unlawful for the majority of employers to take into account your spent convictions. However, proving that you’ve been rejected on the basis of a spent conviction can be difficult.

These details are of course not just available to employers; insurers and underwriters often do online searches and may decide not to offer you a policy if they become aware of your criminal record.

Many employment tribunal claimants are unaware that the details of their case is available online until it’s too late and those that are aware of it can be deterred from bringing a case.

If you’re concerned about a tribunal decision being made available online then it’s worth considering applying for an anonymity order.

Applying for an anonymity order

Employment tribunals have a discretionary power to make an order which prevents or restricts the public disclosure of any aspect of the tribunal. These anonymity orders are covered by Rule 50 of the Employment Tribunal rules, ‘Privacy and restrictions on disclosure’.

Rule 50(3)(b) permits for:

An order that the identity of specified parties, witnesses or other persons referred to in the proceedings should not be disclosed to the public, by the use of anonymisation or otherwise …..”

In making an order, the tribunal must consider carefully the European Convention on Human Rights (ECHR), namely the right to freedom of expression and the principle of open justice. Open justice includes the naming of any person involved in the case and the ability of the press to report on proceedings held in open court. The common law and Article 6 of the ECHR protect the right to a public hearing and the right of the media to report on public hearings is protected by Article 10 of the ECHR.

It’s not easy to have an order granted and employment tribunals have become increasingly reluctant to allow any restriction on the full details of any case being held in public, including redacting the names of individuals who are not directly related to the case.

There is no set form or document that needs to be completed when applying for an anonymity order you simply need to write to the employment tribunal providing the Case Number on any correspondence.

Your application should state what form of anonymity you are requesting, for example are you looking to anonymise your name and any information that could identify you or do you want your hearing to he held in private. The employment tribunal will look to make the least restrictive form of order possible. For example, if you can be sufficiently protected by having your name redacted in any documents and on the judgement and directing attendees not to disclose your details, then the tribunal is unlikely to agree to a private hearing.

You can often increase your chances of getting an anonymity order if you do not over-request the level of protection you require.

What do you need to include in your anonymity application?

If you are able to do so, you should outline the legal basis for your application. This is likely to be based around Article 8 of the ECHR namely the right to respect for private and family life.

In seeking an anonymity order you will need to demonstrate that your right to privacy and family life under Article 8 of ECHR will be compromised and show that by not granting an order you will suffer ongoing harm or prejudice. If you wouldn’t proceed with your claim without the anonymity order then it’s worth saying that. If you’re deterred from bringing the claim, then you are effectively being denied your rights.

The tribunal will consider your argument and undertake an assessment of the public or other interest in the full publication of the claim. They will focus on your claim and the justification for restricting them.

To give your application the best chance of success:

  • Identify any infringement of your rights and, wherever possible, produce evidence to support this. Publishing information which might be embarrassing would not be sufficient reason to restrict publication.
  • Explain why it’s important to protect the disclosure of a spent conviction and the detrimental effect this would have on future employment if it were disclosed. You could highlight that this information would usually be protected by the Rehabilitation of Offenders Act 1974 and Data Protection Act 2018.
  • Apply for an order which causes the least possible restriction to the full publication (an application to redact certain details will have a better chance of success than a total publication restriction).
  • Where publication impacts the Article 8 rights of children or vulnerable individuals, tribunals will readily grant an anonymity order.

Before making an application you should notify the other party in your case and try to reach agreement that anonymisation is necessary. Although the tribunal must make a decision based on the information presented to it, agreement with the other party can sometimes sway a decision in your favour.

Do I need a solicitor to prepare my application?

Many people will be put off from making an anonymity order application because they cannot afford to instruct a solicitor and don’t qualify for legal aid. However, you can sometimes get legal advice through your household insurance policy, your trade union or legal advice centres.

What’s the cost of making an application?

There is no cost for making an application to an employment tribunal.

Below you will find links to useful websites relating to this page. More specific details (including addresses and telephone numbers) of some of the organisations listed below can be found here.

  • ACAS – An organisation devoted to preventing and resolving employment disputes.
  • GOV.UK – Government website providing further details of the employment tribunal process.

More information

  1. For practical information – More information can be found in our Employment, business and volunteering section.
  2. To discuss this issue with others – Read and share your experiences on our online forum.
  3. Questions – If you have any questions about this, you can contact our helpline.

Get involved

Help us to add value to this information, You can:

  1. Comment on this page (below).
  2. Send your feedback directly to us.
  3. Discuss your views and experiences with others on our online forum.

 

 

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Ban the Box employers

This is a short information page with details of those employers that have signed up to the Ban the Box campaign. The aim of this page is to develop the list of Ban the Box employers produced by Business in the Community (BITC) into information more aimed at individuals with a criminal record, including the name and contact details of the employer as well as setting out the point at which the employer may ask you to disclose your criminal record.

This forms part of our information section on looking for (and keeping) employment and volunteering.

Gaps in the table mean that we’ve been unable to get clarification from the organisation as to when they ask applicants to disclose their criminal record. We will be continuing to update and improve the information available.

Where we have concerns that an organisation which is signed up to the campaign is not doing what they say they do, we will look at raising this both with the employer and BITC. If you have any personal experience of applying for work with one of these companies (good or bad) please let us know by emailing feedback@unlock.org.uk.

More information

  1. For practical information – More information can be found on our looking for (and keeping) employment and volunteering
  2. To discuss this issue with others – Read and share your experiences on our online forum
  3. Our policy work – Read about the policy work we’re doing on supporting and challenging employers
  4. Questions – If you have any questions about this you can contact our helpline.

Finding a job from the hidden job market

Aim of this page

It can sometimes seem that if you have a criminal record, your job opportunities become very limited. Job sites don’t always have roles that fit your skills and qualifications and you may be loath to use recruitment agencies because you’re worried about who they will disclose your criminal record to.

The aim of this page is to highlight how there are jobs out there, but they’re not necessarily always advertised; these are often referred to as the hidden job market.

Why is this important?

Many employers, especially smaller companies, prefer not to advertise their jobs. Advertising can be expensive and time consuming with no guarantee that they’ll always be able to recruit the right person.

If you’re looking for a job then it’s important to know how you can access these hidden jobs and how you go about approaching employers that don’t want you to complete an application form or hand over a CV.

What is the hidden job market?

The hidden job market consists of opportunities that are not publicised, for example one’s that you won’t come across in newspapers, recruitment agencies or the job centre. Most ‘hidden’ jobs are in small and medium sized enterprises (businesses that employer fewer than 250 people).

If you feel that you’re not being invited to interviews when you’re applying for jobs using application forms or CV’s or, you’re getting interviews but they never progress to a job, then the hidden job market may help you to find other opportunities.

What benefits are there of exploring the hidden job market?

As these types of vacancies are not widely publicised, you’ll generally find that you’ll face less competition for any job that you apply for. In addition, you’ll be able to make your job searches far more specific and targeted.

You might also find that, because of the size and nature of the roles, they might be less likely to ask about criminal records or do criminal record checks.

How do you access the hidden job market?

It’s thought that approximately 80% of all jobs are never advertised. They are created for people who come to the employer’s attention either from referrals from other reliable and respected employees or associates or by direct contact from an individual.

Some of the ways of accessing the hidden job market are:

Networking

You’re probably already skilled in networking without realising it. The term can be off-putting but networking basically involves getting in touch with your personal and professional contacts, informing them that you’re looking for work and asking them to point you in the direction of anybody they know that may be able to help you.

Cold calling

Cold calling is generally seen as harder than networking as it means contacting an employer without any referral or connection. You should take time to research any company you’re contacting and try to identify the person within the organisation that may have a suitable vacancy. You may find that you’ll get a significant number of rejections but you may find that some organisations will be happy to keep your CV on file for at least six months.

Using social media

Recruiters often search LinkedIn to look for candidates for their unadvertised jobs. It’s a good idea therefore to set up a recruiter-friendly LinkedIn profile with details of your particular skills set and experience. In addition to this, there are hundreds of professional networking groups on LinkedIn which you may want to join. You could mention in your introduction that you’re looking for work so that other members can get in touch if they have a suitable opportunity.

Twitter can be an excellent source of jobs. They’re not advertised in a conventional way but a quick search can show tweets between job seekers and recruiters. It’s easy to join Twitter and start following potential employers and their recruiters. You can make a direct contact with other subscribers so you can tweet an HR manager of an organisation to ask whether they have any suitable vacancies. You won’t always get a response, but Twitter is a friendly platform.

Get alerts straight to your inbox

Try using Google Alerts to get regular email notifications of events that may lead to a job opportunity.

Attend trade fairs and conferences

You’ll often find that these types of events gather the main employers in your field in one location. Events are usually advertised in newspapers or online. When you attend, make sure that you take plenty of copies of your CV with you which you can hand out to prospective employers.

How do you get started?

Before you start networking or cold calling, you need to make sure that you’re properly prepared. This might include some, or all, of the following:

  • Make a list of at least five skills that you’re good at and that you enjoy. For each of these, think about how you can explain or demonstrate the skill – remember you’re going to need to stand out from the crowd!
  • Consider some of the difficult questions that an employer may ask you about your criminal record and put together some answers to them.
  • Identify two areas that you’d be interested in working in – for example construction, hospitality etc.
  • Identify your preferred jobs within these areas – for example roofer, bricklayer, receptionist etc.
  • Develop some telephone scripts to use when (a) you’re finding out information from the employer about a specific job and (b) marketing yourself to an employer. Practice your script with somebody you trust to give you constructive feedback.

  • Make a list of people within your own network. This could be family, friends, people from your gym etc – anybody that you think might be able to give you a lead.
  • Put together a list of ten employers that you are going to cold call – this could be companies that you know or those you’ve found from the internet or newspapers.

At this stage, you’ll need to give some thought to how you’re going to get in contact with the employers. This could include:

  • A CV and speculative letter – If there are gaps in your CV then a skills-based CV will usually work better than a qualification or chronological CV. Make sure that your letter and CV do not highlight anything that will raise concerns with an employer, for example don’t provide details of your criminal record or state that you’ve spent time in prison.
  • A personal visit – This can work extremely well but you need to ensure that you:
    1. Have details of a named person to speak to, this could be somebody in HR or the head of a specific department.
    2. Are ready to hand over your CV and letter.
    3. Have your answers ready to any potentially difficult questions that you might be asked about your criminal record or gaps in your CV.
    4. Ready to highlight your skills and experiences.
  • Telephone calls – Cold calling somebody can be difficult, and you may find it easier to do a ‘research call’ first. Research calls will help you to identify any particular skills or knowledge that the employer is looking for and will help you to tailor your CV and letter to match their criteria. It may help you to increase your confidence for when you need to make ‘marketing’ calls.

 

The do’s and don’ts of speculative job applications

If you find a job being advertised by a company but it’s not right for you, there’s no harm in getting in touch with a copy of your letter and CV.

Whilst it’s okay to send in a speculative application on the back of another role, we’d advise against sending one if you’ve already applied for a role with the company. The company could still have your details and, if you’re right for the job, they might have already put you in the ‘maybe’ pile. However, if they’ve already decided that you’re not the right fit, then another application isn’t going to get you any further.

It’s important to be polite and personable in all contacts and correspondence.

When you’re applying for a job, it’s essential that you include some kind of covering letter or email to explain why you’re sending your CV. Explain the reason for the speculative application and why you’d be a good fit for their company. If you don’t send some kind of covering letter there’s a good chance that your application will end up in the bin or the ‘deleted items’ folder.

Make sure you provide your contact details and explain what your current work situation is. This is something that potential employers will want to know so, providing it in the covering letter will save time.

Be careful not to come across as too pushy. You want to show that you’re enthusiastic to work for the company but you don’t want to be seen as desperate or arrogant. Instead of finishing your letter with “I can’t wait to meet you to discuss my new role at your company” you could try something like “I’d be excited to discuss any potential future opportunities at your company”.

Once you’ve submitted your application, it’s a good idea to follow up a few days later to check that it’s been received.

Discuss this with others

Read and share your experience on our online forum.

Key sections include:

Below you will find links to useful websites relating to this page. More specific details (including addresses and telephone numbers) of some of the organisations listed below can be found here.

More information

  1. For practical information – More information can be found on our looking for (and keeping) employment and volunteering.
  2. To read personal stories – You can read stories about this posted on theRecord, our online magazine under the category seeking work.
  3. To discuss this with others – Read and share your experience on our online forum.
  4. Questions – If you have any questions about this, you can contact our helpline.

Get involved

Help us to add value to this information. You can:

  1. Comment on this page below
  2. Send your feedback directly to us
  3. Discuss your views and experiences with others on our online forum
  4. Share your personal story by contributing to our online magazine, theRecord.

 

 

 

 

 

Making a claim for wrongful dismissal

This is a short information page about making a claim for wrongful dismissal. The aim of this page is to provide details of a possible employment claim which doesn’t require a claimant to have been employed for a minimum of two years.

It forms part of our information section on looking for (and keeping) employment and volunteering and links to an information page we have on spent and unspent convictions and employment law.

Introduction

Employees in the UK are protected in a number of ways from being treated unfairly, discriminated against or unlawfully dismissed.

The vast majority of employee rights in the UK come from the Employment Rights Act 1996 and the Equality Act 2010. A criminal record is not classed as a protected characteristic of the Equality Act and can’t therefore be relied upon if your claim is based on discrimination because of an unspent caution or conviction.

Many employment claims will require you to have been employed for at least two years (if you started work after 6 April 2012); 1 year if you started before this. However, there are some claims that can be made which don’t have a two-year service requirement. One of those is wrongful dismissal, which is the focus of this page.

Wrongful dismissal

When can you make a claim?

A claim for wrongful dismissal can arise when an employer breaches the terms of an employee’s contract; for example if an employer fails to honour a notice period or terminates a fixed term contract before the contractual end date.

An employer may be justified in terminating your contract without notice if it is found that you have committed gross misconduct. Determining whether misconduct was severe enough to warrant dismissal without notice can be quite case specific.

However, if for example your contract was terminated for failing to disclose a conviction which an employer was not entitled to know about (for example your employer found out about your spent conviction due to carrying out an ineligible criminal record check or reading information about you online), then you may have a case for wrongful dismissal.

If your contract is terminated as a result of your employer discovering details of an unspent conviction which you didn’t previously disclose, it’s likely they will rely on ‘gross misconduct’ as their reason for sacking you. However, this isn’t always the case and it may still be worth you seeking legal advice.

If you have a notice period of less than one month then wrongful dismissal is generally not worth pursuing.

What can I claim?

The downside of any claim for wrongful dismissal is that damages are limited to the length of your notice period. You wouldn’t be able to claim for loss of earnings beyond your notice period.

Claims can be pursued in either the Employment Tribunal or County Court.

Why should I make a claim?

Despite having a spent conviction which wouldn’t be disclosed on a basic criminal record check, employers may become aware of it in other ways. When this happens, they are often loath to disregard it and will terminate someone’s contract.

Although the amount of money you can claim for wrongful dismissal is limited, any amount is better than nothing and may help while you search for a new job. For many people, money isn’t as important as just having an employer accept that they’ve acted unlawfully.

Getting help

Making a claim for wrongful dismissal can be quite complex. It can be done by an individual, but you may also want to seek advice from an employment law specialist.

Useful links

Below you will find links to useful websites relating to this page. More specific details (including addresses and telephone numbers) of some of these organisations listed below can be found here

  • ACAS – An organisation specialising in preventing and resolving employment disputes
  • Citizens Advice Bureau – Provide practical up-to-date information on a wide range of topics including employment rights.
  • The Law Society – The Law Society have a section on their website covering ‘problems at work’ together with links to specialist employment solicitors.
  • Employment tribunal forms and guidance – A selection of claims forms and guidance can be found on the GOV.UK website.

More information

  1. For practical information – More information can be found on spent and unspent convictions and employment law
  2. To discuss this issue – Read and share your experiences on our online forum
  3. Questions – If you have any questions about this, you can contact our helpline.

Leading charities with conviction – Guidance for individuals on changes to the rules on being a trustee or senior manager of a charity with a criminal record

As this is new guidance, we’re keen to get your thoughts. Let us know what you think of it and how it could be improved. Leave your feedback here. We will be updating it more as time goes by – to be notified of updates sign up to our mailing list.


Introduction

This guidance is for individuals in England and Wales. It summarises the changes to the automatic disqualification rules that happened in 2018 that relate to people being a trustee or senior manager of a charity and how they apply to people with criminal records.

It’s designed to help individuals understand these changes and look at what steps they might need to take if they have a criminal record.

It’s been written by Unlock, an independent charity for people with convictions, with the support of Clinks, the national infrastructure charity that supports the voluntary sector working in criminal justice in England and Wales.

It’s part of our guidance on working and volunteering in charities.

We have developed separate guidance for charities to help them understand the changes.

There are a number of terms used in this guidance, including “new rules”, “disqualification” and “relevant criminal record”.  Find out what we mean by these.

Separate to criminal records (which is the focus of this guidance), there are a number of other factors which can mean an individual cannot be a trustee or senior manager without obtaining a waiver first. More details about these other factors are covered in the Charity Commission guidance.

Aim of this guidance

From 1 August 2018, the rules in England and Wales as to who can be a trustee or hold certain senior manager positions in charities changed. This guidance aims to set out what the changes were, who may be affected by them and what steps you can take if you are affected.

If you find that you are prevented (‘disqualified’ as it’s technically known) because of your specific criminal record, you can apply for clearance from the Charity Commission (technically known as a ‘waiver’). Importantly, you can apply for a waiver before the new rules come into force in August. This guidance covers that process in some detail.

The guidance doesn’t cover other rules, regulations or checks that may apply depending on the nature of the work of the charity – such as enhanced criminal record checks or prison vetting.

Why this guidance is important

People with convictions often feel that they want to ‘give something back’ after having had personal experiences themselves of the problems that other people are now facing. This can include working in the criminal justice system or for drug and alcohol rehabilitation services etc. Becoming a trustee gives you the opportunity to make decisions on how a charity is run which will have an impact on many people’s lives. Increasingly, charities see that involving people with convictions is an extremely positive step and means they have a board made up of people with very diverse skills and experiences.

Previous rules (from the Charities Act 2011) set out factors that prevented some people from being trustees of a charity. However, the changes which came in on 1 August 2018 (as a result of the Charities (Protection and Social Investment) Act 2016 made two key changes:

  1. The rules are extended to include senior manager positions
  2. More types of criminal convictions included

So if you’re already a trustee or in a senior manager position, or you’re considering applying for such a position, then it’s important to know whether you will be disqualified and if so, whether you should consider applying for a waiver from the Charity Commission.Roles that the rules apply to

Roles that the rules apply to

The new rules apply to two main groups in charities – Trustees and certain senior manager positions. For the purposes of this guidance, the roles the new rules apply to are referred to here as restricted positions.

  • Trustees – Trustee roles are normally quite clear, and although the Charity Commission have separate definitions for ‘charity trustee’ and ‘trustee of a charity’ (see the Charity Commission website), the rules apply to both.
  • Certain senior manager positions – The rules applied to these roles from 1 August 2018. See below for more detail on this.

What is meant by ‘certain senior manager positions’?

This is a new type of role covered by these rules, so it might take time for charities to get to grips with which roles are covered.

Based on guidance from the Charity Commission, it will include anybody who either acts as the charity’s most senior executive and in a managerial capacity reporting only to the charity’s trustees, or who controls the charity’s finances. This will usually cover the role of chief executive and finance director. It’s important to note that it’s the function of the job not the job title that determines who is classed as a senior manager – the Charity Commission has produced a helpful graphic (see below) and we cover this in more detail in our guidance for charities.

The rules don’t apply if you’re looking to work or volunteer for a charity in other roles. They may still ask you about your criminal record, so you will need to think about whether and how to disclose your criminal record, but in most cases it will be down to the charity as to how relevant they think your criminal record is, and they may carry out some form of assessment before considering whether to offer you a role.

What if I don’t think my role is a restricted position?

There should be little dispute about trustee roles.

If you’re working or going to work, as a senior manager then the responsibilities of your role will determine whether it is classed as a restricted position. You would generally be required to have overall responsibility for the day to day management and control of the charity and/or be accountable to the CEO or trustees.

Further guidance and examples of roles are available from the Charity Commission. If you don’t believe that your role is a restricted position, you should raise this with the charity directly. You might also contact the Charity Commission.

Criminal records that the new rules cover – Relevant criminal records

You are prevented from the restricted positions above if you have a certain type of criminal record, which we’ll refer to here as “relevant criminal record”.

There are two elements that make up a relevant criminal record:

  1. If you have an unspent conviction (with one exception), and
  2. Where your unspent conviction is for a certain category of offences.

Unspent convictions only (with one exception*)

If your conviction is unspent under the Rehabilitation of Offenders Act 1974, it might disqualify you if it’s for one of the offences listed below.

If your conviction is spent under the ROA, it doesn’t disqualify you*. You can check if your convictions are spent by using our online tool: www.disclosurecalculator.org.uk.

The vast majority of convictions are spent. There are over 11 million people with a criminal record, but only about three-quarters of a million are unspent.

Simple cautions become spent immediately, which means they don’t disqualify people under the automatic disqualification rules.

*There is one situation where a spent criminal record disqualifies you. This is if you are on the sex offenders register. This disqualifies you, regardless of whether the conviction is unspent or spent. See the offences covered below for more details.

Offences covered

The following offence types are covered by the new rules. For trustee roles, those marked with an asterisk are new and in addition to those that already exist. For senior manager positions, all these offences apply for the first time. Remember – these only apply if the offence is unspent (with the exception of being on the sex offenders register).

Examples of what this includes can be found below

Offences:

  • to which Part 4 of the Counter Terrorism Act 2008 applies; or
  • under sections 13 or 19 of the Terrorism Act 2000 under Part 2 of the Serious Crime Act 2007 (encouraging or assisting) in relation to the offence

An offence within the meaning of section 415 of the Proceeds of Crime Act 2002

An offence under sections 1,2,6 or 7 of the Bribery Act 2010

An offence under section 77 of the Charities Act 2011 – contravening a Commission Order or Direction

In relation to offences at 1-6 above, an offence of:

  • attempt, conspiracy, or incitement to commit the offence
  • aiding or abetting, counselling or procuring the commission of the offence
  • under Part 2 of the Serious Crime Act 2007 (encouraging or assisting) in relation to the offence

This is where an individual is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 (often referred to as being “on the sex offenders register”). An individual can still be on the sex offenders register even if their conviction is spent, and this is the only situation where a spent conviction is covered by these rules.

If you have an unspent conviction for an offence not listed above, you wouldn’t be prevented under these roles and so do not need to apply for clearance to be involved in a charity as a trustee or senior manager. However, you might still need to disclose your criminal record to the charity, depending on their policy.

Examples of dishonesty or deception offences

The majority of people with convictions covered by these rules will be because they have an unspent conviction for dishonesty or deception. But what does that cover?

A dishonesty or deception offence includes theft, fraud by false representation, and fraud by failing to disclose information.

Many offences can be committed by using dishonesty or deception, but that’s not the same. Offences not covered by this definition (and so are not covered by the rules) include TV licence evasion, most motoring offences, benefit fraud, assault and possession of classified drugs.

Getting certainty on whether something is classed as dishonesty or deception

You will have to look at each individual offence that you have been convicted of to see if dishonesty or deception forms an element of the offence that has to be proved for someone to be convicted of the offence.

For example, in the Theft Act 1968, the basic definition of theft is stated in section 1: “A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the owner of it; and “thief” and “steal” shall be construed accordingly”. This means “Theft” is an offence involving dishonesty.

Dishonesty and deception are separately defined in relation to different offences. If you are in doubt as to whether your conviction involved dishonesty or deception, and if it’s not clear from the legislation you would need to seek your own legal advice to get certainty. We would also suggest that you contact the Charity Commission as they should be willing to advise on this matter. Otherwise, you may wish to submit an application for waiver from the Charity Commission.

How else could I be disqualified?

There are other reasons that mean you could be disqualified,such as being an undischarged bankrupt. Our guidance focuses specifically on criminal records, but the Charity Commission has guidance on these other reasons.

Action – Check if you’re affected

  1. If you are currently a trustee or looking to become one, you need to check if any of the new rules will apply to you
  2. If you’re currently in, or looking to work as, a relevant senior manager position, you need to check if any of the rules will apply to you
  3. We have developed a useful online tool

If you’re disqualified ….

If your role is a restricted position, and you have a relevant criminal record, you are prevented from doing that role unless you have clearance (known as a waiver).

Senior manager positions

If, after the 1 August 2018, you are, or become, disqualified from working in a senior manager position, you must have a waiver in place to continue. If you don’t have a waiver in place, you will need to stop acting in that position. You may need to seek legal advice about how this will affect your employment rights.

Trustee positions

If you are, or become, disqualified as a trustee you must have a waiver in place to continue. If you don’t have a waiver in place, you will need to formally resign from any trustee positions you hold.

What if you continue in a restricted position while disqualified?

If  you hold a role as a trustee or senior manager and are disqualified from that role, then you will need to immediately inform the charity. If you continue to work and the charity finds out, they would usually view this as a serious incident. The charity might then report the matter to the Charity Commission and/or the police.

Do you need clearance (a waiver)?

We’ve got two things to help you work out if you need clearance: a flow chart and an online tool.

Flow chart

The flow chart below should help you to work out whether you need to apply for a waiver from the Charity Commission or whether you can be involved in a charity without one.

Online tool

Our online tool is designed to help you understand if the changes will affect you. By working through a series of questions, the tool will help you to determine whether you need to apply for a waiver. This tool is very new and we would like to know what you think of it, especially if you’ve encountered any problems with it or can suggest ways in which it might be improved.

Understanding the clearance/waiver process

If you are disqualified from a restricted position because of your criminal record, you will need to apply for a waiver. If granted, this will bring your disqualification to an end.

When can a waiver be applied for?

You can apply to the Charity Commission at any time for a waiver of your disqualification.

If you will be disqualified as a result of the changes coming into effect, you will not be able to act as a trustee or a senior manager until you have applied for and been granted a waiver.

Types of waiver

There are three types of waiver:

  1. General waiver – for all charities
  2. Waiver for a specific class of charity – this is a group of charities that share a characteristic. This could, for example, be charities working towards the “rehabilitation of offenders” (as it’s often referred to)
  3. Waiver for a specific names charity (or charities)

You can apply for more than one type of waiver at once, which means that you can apply for a waiver that allows you to:

  • be a trustee, or hold a senior manager position, at a named charity or charities
  • be a trustee, or hold a senior manager position, at any charity (general waiver)
  • be a trustee, or hold a senior manager position, at a class of charities
  • hold a senior manager position only at a named charity or charities. If this type of waiver is given, your disqualification from acting as a trustee remains
  • hold senior manager positions only at a class of charities. If this type of waiver is given, your disqualification from acting as a trustee remains
  • hold senior manager positions only at any charity. This is a general waiver. If this type of waiver is given, your disqualification from acting as a trustee remains

What type of waiver should I apply for?

Think carefully about what you’re looking to do. If you have a clear reason for applying for a waiver – for example, you’ve been offered a job as a senior manager, it’s likely to be in your best interest to target your waiver application for that particular purpose.

However, you can apply for more than one waiver at the same time, so there is no harm in potentially applying for more than one type, so long as you consider the different factors that the Charity Commission will consider for these different types of waiver, and make sure that you include the relevant information for each of these factors for each of the waivers.

Will I be granted clearance/a waiver?

The Charity Commission will decide each case on its own merits. However, there is guidance available on how they will make their decisions, and it can seem like quite a high bar. They state that their “starting point is that you should normally remain disqualified until the legal disqualifying reasons that affect you, no longer apply.”

For example, they say they will only give waivers where they believe that:

  1. It is in the best interest of the charity or charities for which the disqualified person asks for a waiver, and
  2. It is not likely to damage public trust and confidence in a charity or charities.

The Charity Commission do give guidance on things that make it more or less likely for your application for a waiver to be granted.

For example, they say that when looking at whether it will damage public trust and confidence in a charity or charities, they will look at factors including:

  1. The severity of what you did and the circumstances
  2. How long ago it happened
  3. Whether it caused damage to a charity.

Things that make it more likely you’ll get clearance

Things that make it more likely you’ll get clearance is to show in your waiver application that:

  1. Your relevant criminal record relates to a long time ago and you can show evidence of good conduct since then.
  2. Your unspent conviction is near to becoming spent – especially if you can show that by granting a waiver it will avoid unnecessary disruption to a charity.
  3. Your offence was not against or damaged a charity.
  4. It involves one or more named charities and there is support for your application by the trustees – with a minimum of the majority of trustees supporting.
  5. It relates to a charity or charities established for purposes which include the rehabilitation of people with criminal records.
  6. Your involvement to the charity is important because of your qualities, skills or experience which, if lost to the charity, would mean that it was less effective.
  7. It is for a named charity or charities, rather than a general waiver or a class of charities.
  8. You have a relevant user perspective that the charity needs in a trustee or senior manager position. In the example the Charity Commission use, they state “the skills and experience of a person who also has a criminal conviction might well benefit a housing charity or relief of poverty charity, whose service users include a high proportion of people with criminal records.”

The points above are important to consider when looking at what to include in your waiver application.

Things that make it less likely you’ll get clearance

Things that make it less likely you’ll get clearance are generally the opposite of the points above, but in particular include if:

  1. Your unspent conviction is recent.
  2. Your application involves a named charity and there is no majority support of their trustees.
  3. Your application is for a general waiver or a waiver for a specific class of charity, rather than a waiver for a specific charity. This is because the Charity Commission say that they need to be confident that the risk in giving a waiver is outweighed by the benefit to the charity sector generally. The decision is likely to be easier in relation to a named charity where there may be supporting documentation from the charity’s trustees.

Waiver applications will be decided using the same approach, whether the application is

  • For a waiver of a current disqualification;
  • Made after 1 August 2018.

Charities can use this guidance to find out more about when and how individuals can apply for a waiver, and how they can support this process.

What are my chances of success?

In the past, the number of waiver applications that the Charity Commission has received has been very low, however, they have been granted to the vast majority of applications.

There are no specific figures about the number of waiver applications processed each year which relate specifically to criminal records. In more general terms, in 2012 the Commission received 5 waivers, of which all were granted. In 2013, the Commission received 3 waiver applications, all of which were granted. In the last ten years, with the exception of a spike in applications in 2011 (due to specific work around insolvency), the Commission has received no more than 6 waiver applications per year, 90% of waiver applications over the last ten years were successful.

We have worked with the Charity Commission on improving their waiver process, and we expect the Charity Commission to grant a waiver where an individual can demonstrate the factors that the Charity Commission say will make a disqualification more likely to be waived.

What could happen if I don’t get a waiver?

It’s important that, if you’re disqualified under the rules and plan to continue in the role, you get a waiver in place. Otherwise, if you don’t have a waiver and so remain disqualified, there are some possible consequences:

  1. It is usually a criminal offence to act as a trustee or senior manager of a charity whilst disqualified.
  2. If you’re a serving trustee, you will have to resign. The Charity Commission can make an order to bring about a resignation if necessary.
  3. If you’re a senior manager, you might have to move roles or the charity may try to terminate your contract. Legally, you’ll not be able to do the role anymore.
  4. If it appears that you will remain disqualified from a relevant senior management role, then the charity must conduct a fair investigation into the circumstances providing you with an opportunity to make representation, and a right of appeal. As an interim/temporary measure, the charity could ask you to undertake alternative duties or place you on paid special leave.
  5. If it is confirmed that you are disqualified from the relevant senior management role, the charity will need to consider redeploying you to another role within the charity that you would not be disqualified from. If there are no suitable roles available, then potentially the charity will have a fair reason to dismiss you. The charity will need to have followed a fair process in reaching that conclusion, including consulting with you and giving you the opportunity to make representation and a right of appeal.
  6. If you are disqualified, the Charity Commission can order you to repay any expenses or benefits gained whilst disqualified.

If you are disqualified from being a trustee or from holding a senior manager position, it is important to remember that just because you are disqualified from these roles, you are not completely barred from being involved with charities. It may be that the charity could offer you another role until you receive your waiver from the Charity Commission or until such time as your conviction becomes spent.

Circumstances where you can’t get a waiver

The Charity Commission are unable to give you a waiver if the rules of the charity would disqualify you from being a trustee or a senior manager. For example, if the charity’s rules say that an undischarged bankrupt can’t be a trustee, a waiver would not override that.

In 2014, we clarified with the Charity Commission their approach towards exclusions that charities commonly have in their governing documents regarding being barred from being a trustee if they are disqualified under charity law. The Charity Commission confirmed that if an individual was able to obtain a waiver from them, the individual would no longer be regarded as disqualified under the relevant sections of the charities governing documents, and so could be appointed as a trustee.

Applying for clearance and getting a waiver

You can apply for a waiver by completing an online application form.  The Charity Commission will not accept paper applications although if you’re unable to use the online form, you can apply by email. You will need to include all the information outlined and send this to CCWaivers@charitycommission.gsi.gov.uk.  Remember – you can check if you need a waiver by using our flowchart or online form.

You will need to answer the questions on the online form, as well as submitting the supporting documentation required.

The Charity Commission has published a checklist, to help you make sure you include everything you need to include as part of your waiver application.

You can apply for it yourself, or somebody can do it for you, acting on your behalf. However, the waiver application cannot be submitted from the charity itself.

The waiver form includes the following sections:

Applicant details

This is a straightforward section where you enter your personal details.

Application details

This is where you choose the type of waiver you are applying for.

If you’re applying for a waiver for a specific charity, you’ll be asked to provide details of the charity’s name, address and charity number, together with information about your role and responsibilities. If you will be working as a senior manager, this could be a copy of your job description.

If you’re applying for a waiver to work as a senior manager you’ll be asked to confirm that one of the statements below is true. If you can’t then you don’t need to apply for a waiver to work as a senior manager.

  • I am a Chief Executive Officer with overall responsibility for the day-to-day management and control of the charity and accountable only to the charity trustees.
  • I am finance director with responsibility for the overall management and control of the charity’s finances and accountable only to the Chief Executive or the trustees.

Reason for your disqualification

This is where you need to provide details of your criminal record that means you are currently disqualified. The online application form asks you to provide the following details about your criminal record:

  1. The circumstances and details that led to your conviction.
  2. When you were convicted.
  3. What sentence you received.
  4. When your disqualification ends – this is likely to be when your conviction becomes spent, and our disclosure calculator can help you to work this out. If you’re on the sex offenders register, it will be when this period finishes.
  5. It doesn’t provide a space for providing evidence of what positive things you’ve done since, so we’d suggest you include this later in the form.

Supporting information from trustees

If you are applying for a waiver specifically to work as a trustee or senior manager position of a charity, you will be asked to supply details of the views of your trustees.

If you’re applying for a general waiver you should attach references or information from a third party to support your application.

We have covered what should be included in our guidance for charities, and in particular the section on “How to support a waiver application“. We recommend that you ask the charity to provide this as an electronic document on headed paper, so that you can submit it as part of your online waiver application, as it allows you to attach files.

You should attach files that show the support you have from the trustees of each charity you are looking for a waiver for, and you can also attach references or other information (which is particularly important if you are applying for a general waiver).

Additional information

This is where you can provide additional information that you think is relevant. As the ‘Reason for disqualification’ section doesn’t include any questions about what you’ve done since, we suggest you cover that here. So, that might include what work or volunteering you’ve done since your conviction, how you’ve turned your life around, and any additional comments that build on the supporting information you’ve provided from trustees or others.

The Charity Commission doesn’t state in their guidance whether it is necessary to provide a copy of your unspent criminal convictions (i.e. a basic disclosure). If you have a copy which has all your currently unspent criminal convictions, it might be worthwhile including it in your waiver application form. If you do not have a copy, you may wish to wait until you’re asked for one before obtaining it, as the current cost is £18 and there is a relatively quick turnaround if you later need to apply for one.

The Charity Commission has published a checklist, to help you make sure you include what you need to include as part of your application.

We’ve put together a template which can be used to help you explain why you should be granted a waiver. It’s a good way of bringing everything together prior to submitting your application online.

What happens next?

The Charity Commission have stated that where you’re applying for a waiver for a named charity they may wish to contact the charity’s trustees to verify or clarify information which has been raised during the application process. You may wish to consider having a discussion with the trustees around the contents of your application once you’ve applied.

Getting a decision on your waiver application

Once the Charity Commission has assessed your application, they will either decide to give you one or more of the types of waivers available, or refuse to give you a waiver.

The Charity Commission say that they aim to respond to completed waiver applications within 15 working days. It’s important to make sure that you’ve provided everything that you need to so that you get a decision as soon as possible.

This allows you to act as a trustee or senior manager of the charities named in the waiver.

This allows you to act as a senior manager but your disqualification from being a trustee will remain in place.

This allows you to:

  • act as a trustee or senior manager; or
  • senior manager only
  • at any charity, for a general waiver
  • at all charities in the class, for a class waiver

This means you remain disqualified until either the reason you were disqualified no longer applies, you successfully appeal the decision (see below), or you make a later successful waiver application. If you become disqualified on the 1 August 2018 and you’ve applied for a waiver before that, your disqualification only takes effect if your appeal is refused and when your appeal rights have been exhausted.

Let us know the decision

We are keen to see how the Charity Commission makes its individual decisions in relation to people applying for a waiver because of their criminal record. This will help us in our policy and campaign work. Email policy@unlock.org.uk

Appealing a decision

A waiver decision can be appealed.

You can ask the Charity Commission to review their decision or appeal the decision to the Charity Tribunal.

You can read this guidance to find out more about requesting a review of a Charity Commission decision which also outlines the timescale for making an application to the Charity Tribunal.

If you are disqualified because of your criminal record, your waiver application has been refused and you are looking to appeal the decision, you can contact our helpline so that we can try to support you through this process.

An overview of the steps to take

To summarise a complex set of rules and process, we’ve put together a short overview of 5 steps that you need to take if you think you might be affected by these charity rules.

1.  Check if your role is covered

If you’re a trustee, you’re covered by the new rules. If you’re working in a charity, check if your role is classed as a senior manager under these rules.

2.  Check if your criminal record prevents you from doing the role

If you’re currently a trustee or looking to become one, you’ll need to check if any of the new disqualification reasons coming into effect will apply to you.

If you’re currently in, or looking to work in a relevant senior manager position, you will need to check if any of the disqualification reasons will apply to you.

3.  Use our tool to double-check

We’ve developed a simple, easy to use tool to help you work out if you’re affected by the rules.

4.  Tell the charity

If you’re currently involved in a charity or looking to become involved in a restricted position, and you find that you will be disqualified, you should tell the charity as soon as possible. If you are planning to apply for a waiver, their support will help. See below.

If  you are disqualified you must not act in a trustee position or in a relevant senior manager role.

5.  Apply for a waiver

If you’re looking to be a trustee or senior manager, you can either apply for a general waiver now, or wait until you have a specific position and then apply for a waiver for a named charity.

If you’re a current trustee who already has a waiver, its terms will continue to apply. You will only be disqualified if another or new disqualifying reason applies to you.

More information

  1. For practical information – More information can be found on understanding your criminal record and disclosing to employers
  2. To discuss this issue with others – Our online forum is a place where people with convictions can share their experiences on a whole range of issues. To participate, we have a section on enabling people with convictions to become trustees.
  3. Our policy work – Read about our policy work on enabling people with convictions to become trustees and run charities
  4. Questions – If you have any questions about this guidance, you can contact our helpline.

Get involved

Help us to add value to this information. You can:

  1. Comment on this page (below)
  2. Send your feedback directly to us
  3. Discuss your views and experiences with others on our online forum
  4. Share your personal stories by contributing to our online magazine, theRecord
  5. Help our policy work – enabling people with convictions to become trustees and run charities.

Applying for a licence to become a taxi driver

Aim of this page

Providing you can drive, there’s not a huge amount of additional training you’ll need to get started as a taxi driver. Added to this the flexible hours and the ability to earn a reasonable living, and you can see why people with convictions seriously consider this type of work.

The aim of this page is to set out how a criminal record may affect your success in becoming a licensed taxi driver.

Why is this important?

If you’re applying to become a licensed taxi driver you’ll need to apply to the licensing unit of your local council (or Transport for London, TfL, if you want to work in the capital). Councils all have slightly different ways of dealing with the disclosure of a criminal record with some appearing to be more willing to approve applications than others. It’s a good idea to do some research prior to applying as your nearest council may not be the best one to apply to.

As part of the application process, the council will carry out checks to determine whether you have a criminal record and it’s important that you have a good understanding of what you’ll need to disclose, and how to appeal if the council refuse your application.

What’s the criteria for getting a licence?

Each council will have their own licensing criteria but generally you’ll need to:

  • Have a full UK or EU driving licence
  • Have an enhanced Disclosure and Barring Service check
  • Be able to get suitable taxi insurance
  • Be aged over 18 (21 in some areas).

Are there different types of taxi licence?

There are two types of taxi licence:

  • A hackney carriage licence – the vehicle and driver are immediately available for hire and can be hailed on the street
  • A private hire vehicle licence – these must be booked in advance through a licensed operator

The licensing criteria and qualifications are broadly very similar for both and your local council will be able to provide you with details of which licence to apply for.

In addition to the above, some councils will require you to hold an additional licence if you wish to undertake any type of school transport contract work.

Will I need a criminal record check to get a licence?

Irrespective of the licence you are applying for, all taxi drivers will require an enhanced Disclosure and Barring Service check.

If you have not been resident in the UK for the previous 5 years, some councils will also require you to have a Certificate of Good Conduct. You can apply for this at the relevant embassy in the UK.

Do people with convictions get licences?

The disclosure of a criminal record shouldn’t automatically exclude you from holding a taxi licence. The aim of the licensing authority is to ensure:

  • The person does not pose a threat to the public
  • That the public are protected from a dishonest person
  • The safeguarding of children or young people.

When considering your criminal record, the licensing authority should look at:

  • How relevant your offence is
  • How serious the offence was
  • The date of the conviction
  • The circumstances surrounding the conviction
  • Your age at the time of the conviction
  • Whether the conviction forms part of a pattern of offending
  • Any other relevant factors

The Department of Transport Taxi and Private Hire Vehicle Licensing: Best Practice Guidance states that you are less likely to be granted a licence if you have an unspent conviction relating to dishonesty, violence, a sexual offence or an offence relating to alcohol, drugs or controlled substances. However, it’s important to note that, because it involves an enhanced criminal record check, spent convictions will be considered too.

However, a Freedom of Information request done by the BBC earlier this year revealed that since 2012, three hundred drivers with convictions had been granted taxi licences across six councils in the north-west.

What can I do if I’m refused a licence?

If your application is refused, you have the right to appeal the decision through the licensing authority’s appeals panel.

If the licensing committee uphold the refusal then you can appeal to the Magistrates Court within 21 days although this can be expensive and you may wish to seek legal advice prior to going down this route.

Alternatively you could consider applying to another local council who may be more understanding in the way they treat people with criminal records.

Receiving a criminal record if you already hold a licence

If you already hold a licence and receive a conviction, caution or fixed penalty notice you will need to disclose this to the licensing authority in writing within 7 days. They will consider the seriousness of the offence, any aggravating or mitigating factors and your past driving history and will then decide what, if any, action to take. This may include suspending or revoking your licence.

You will have the right to appeal the decision either through the licensing committee or at the Magistrates Court.

Getting taxi insurance

Anybody who drives a taxi will need specific taxi insurance. Standard car insurance won’t cover you, even if it includes cover for business use. Taxi insurance is likely to be more expensive than ordinary car insurance as many insurers perceive there to be a higher risk of an accident and if you have an unspent conviction, especially if it’s for a motoring offence, then this will add to the expense. You may want to discuss the likely cost of insurance with a specialist broker.

Discuss this with others

Read and share your experiences on our online forum.

Useful links

Below you will find links to useful websites relating to this page. More specific details (including addresses and telephone numbers) of some of the organisations listed below can be found here.

More information

  1. For practical information – More information on criminal record checks for employment
  2. To discuss this issue with others – Read and share your experiences on our online forum
  3. Questions – If you have any questions about this, you can contact our helpline.

Get involved

Help us to add value to this information. You can:

  1. Comment on this page (below)
  2. Send your feedback directly to us
  3. Discuss your views and experiences with others on our online forum

This page was last fully reviewed and updated in September 2017. If you’ve spotted something that needs updating, please let us know by emailing the details to feedback@unlock.org.uk

 

 

 

 

Information: Becoming a police officer

Aim of this page

In recent years the rules regarding eligibility to become a police officer have been slightly relaxed.

The aim of this page is to set out how your criminal record might affect an application to join the police.

This is part of our information on looking for (and keeping) employment and volunteering.

Why is this important?

Despite relaxing the recruitment rules to allow for a more inclusive and diverse police force, the police still have very strict entry requirements.

It’s important to be aware of the criteria that the police use to make their recruitment decisions and whether you are likely to meet them. Some convictions/cautions will result in an outright rejection whilst others will be considered on a case by case basis.

Entry routes for police constables

There are currently four main routes into the police service.

  • Apprenticeship – You can join as a constable and follow an apprenticeship in professional policing practice. This route will usually take three years and will involve both on and off-the-job learning.
  • Degree-holder entry – If you already have a degree (it doesn’t matter which subject) you can join and follow a work-based programme, supported by off-the-job learning. This route will usually take two years.
  • Pre-join degree – If you’d prefer to study first, you can do a three year degree in professional policing (at your own expense) and then apply to a police force and follow a shorter on-the job training programme.
  • ‘Traditional’ Initial Police Learning Development Programme (IPLDP) – This is the original route into the police force and is gradually being replaced with the three new entry routes set out above. You will need to apply directly to the force and then undertake a two year programme.

What is the eligibility criteria for the role of a police officer?

The College of Policing has produced guidance for the recruitment of police officers which can be found here.

There are various criteria you must meet in relation to age, financial situation and tattoos/body piercings but our information will concentrate on criminal records.

Criminal records

The checks they carry out

Police force’s will carry out thorough checks on you, your spouse or partner, close relatives such as parents, in-laws, children or others residing or associated with you. They will check the Police National Computer (PNC), Criminal History System (CHS), Criminal Information System (CIS), local intelligence and other relevant non-conviction databases. Where appropriate they will also check military and police professional standards databases as well.

Depending on the role that you may be carrying out when you join the police force, a Counter Terrorism Check (CTC) may be carried out.

If you are applying to a police force outside the area where you live, your residing force may be asked to conduct checks on you using their systems and local intelligence databases.

The Rehabilitation of Offenders Act 1974 does not apply to the police. Therefore, you will need to disclose all spent and unspent convictions, including those that are filtered. The police will conduct a search of the PNC, so they will be aware of all cautions/convictions (even those which would be eligible for filtering).

A case heard at the Court of Appeal in October 2020 ruled that all would-be police officers must disclose all convictions and cautions including those received as a child. The judges stated that disclosure is “necessary in a democratic society” to prevent crime.

Police forces will use the guidance provided to assess each application on an individual basis and eligibility will depend on the nature and circumstances of the offence.

In May 2019, the College of Policing produced a guide to APP Vetting which provides information on the vetting procedures which are applied to police forces in England and Wales.

What you should declare

The eligibility criteria for the role of police constables states:

The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 does not apply to police officers. Police forces are therefore entitled to ask applicants to reveal spent convictions during the recruitment or vetting process.”

For vetting purposes, a check will be made of the Police National Computer, the Police National Database and other intelligence databases. Any cautions or convictions which are ‘protected’ (eligible for filtering off standard and enhanced DBS checks) would also need to be disclosed.

How are convictions/cautions dealt with?

On 12 October 2017 the new Police Vetting Code of Practice was published, replacing the previous 2012 policy. The Code applies to all police forces in England and Wales.

It emphasises the importance of maintaining high ethical and professional standards and of police officers acting with the utmost integrity, for which purpose a thorough vetting regime is essential. It sets out a number of principles, including Principle 12 which states:

Public confidence may be affected if an officer has a previous conviction or caution, therefore there is a rebuttable presumption that a person will not be suitable for appointment as a police officer or special constable if they have a previous conviction or caution for a criminal offence, especially if it relates to dishonest or corrupt practices, or violence. Factors that may weigh against this presumption being applied in individual cases include the nature and severity of the offence, the person’s age at the time they committed the offence, and the length of time since the offence was committed. Each case must be considered on its own merits including both the individual’s role in the offence and the nature of the conviction or caution. This presumption applies to police staff roles with designated powers or roles where there is a likelihood of being in the evidential chain.”

The Code adds that an application for a position as a police officer, or as a member of police staff where the person may be in the evidential chain, are to be rejected in all cases where an offence, whether committed as an adult or child, resulted in a custodial sentence (including a suspended sentence) or where the applicant is a registered sex offender or subject to a registration requirement.

Undisclosed convictions

Where the police suspect that you have failed to declare a conviction or caution, enquiries will be made to ascertain whether the conviction or caution is attributable to you. Enquiries will be made to the relevant court to ensure that the conviction has not been overturned on appeal. Where it is established that you have deliberately failed to disclose a conviction or caution, then your application will probably by rejected.

This makes it particularly important to make sure that you understand your criminal record.

Outstanding charges and summonses

If you disclose an outstanding charge or summons, your application will probably be put on hold until the outcome is known, at which point it will be considered in accordance with the guidance above.

HM Forces convictions

If you are a serving member of the armed forces and have been convicted of any criminal offence by a military tribunal, this will be recorded on the PNC. This will include any aspect of a conditional discharge. Any convictions obtained whilst in the armed forces will be considered in accordance with the guidance.

Relatives and associates with criminal convictions or cautions

Where your relatives or associates are found to have unspent convictions or cautions for recordable offences, the following will be considered:

  • The likelihood that your performance and discharge of duty will be adversely affected e.g. through adverse pressure or a conflict of interests.
  • The nature, number and seriousness of the offences or involvement in criminal activity and the time over which these took place.
  • Whether the circumstances are likely to bring discredit to or embarrass the Police Service or Police Force.

Vetting for candidates who have been living or are resident abroad

The police will carry out recruitment vetting procedures on all applicants to determine your suitability to have access to sensitive and classified information. This applies to all applicants (including United Kingdom nationals who have been living abroad, Commonwealth and foreign applicants).

If you are living or have recently lived abroad then the police will make checks looking for at least a 3 year checkable history.

If you cannot be vetted then your application will not be successful.

Vetting for non-police personnel

The police will carry out recruitment vetting procedures on all “persons employed for the purposes of, or to assist the constables of, a police force established under any enactment”. You can be asked about both unspent and spent cautions and convictions and they can be considered in the vetting process. However, you shouldn’t be asked to disclose protected (filtered) cautions and convictions and they shouldn’t be considered in the vetting process.

Discuss this with others

Read and share your experiences on our online forum.

Key sections include:

Below you will find links to useful websites relating to this page. More specific details (including addresses and telephone numbers) of some of the organisations listed below can be found here.

More information

  1. For practical information – More information regarding this can be found at understanding your criminal record
  2. To discuss this issue with others – Read and share your experiences on our online forum
  3. Questions – If you have any questions about this, you can contact our helpline.

Get involved

Help us to add value to this information. You can

  1. Comment on this page (below)
  2. Send your feedback directly to us
  3. Discuss your views and experiences with others on our online forum
  4. Share your personal story by contributing to our online magazine, theRecord.

This page was last fully reviewed and updated in November 2016. If you’ve spotted something that needs updating, please let us know by emailing the details to advice@unlock.org.uk

 

 

 

 

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