In theory, if employers want to know whether job applicants have a criminal record, they should use the Disclosure and Barring Service (formerly known as the Criminal Records Bureau), which does not disclose any spent convictions. Employers have been known to circumvent this protection by insisting that applicants make a Data Protection Subject Access Record, to get hold of their full criminal record (including spent convictions).
From last month, such a practice became unlawful. The newly in force section 56 of the Data Protection Act 1998 makes it a criminal offence to require job applicants (or existing employees) to produce a copy of their criminal record through a subject access request.
This follows changes last year significantly shortening rehabilitation periods, under the Rehabilitation of Offenders Act 1974.
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Employment Associate Paul Burton says, “This new piece of legislation rightly outlaws the practice of forcing job applicants and employee,s from having to disclose any convictions by using the Data Protection Act. Spent convictions should only have to be disclosed in limited circumstances and the proper medium to find out what, if any, convictions someone has is through the Disclosure and Barring Service.”
At Frettens, all of our solicitors offer a free initial meeting or chat on the phone to answer your questions. If this article raises issues for you or your business, please call us on 01202 499255 and Kate or Paul will be happy to discuss it with you.
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