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can employers require you to disclose convictions?

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falkor
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can employers require you to disclose convictions?

Post by falkor » Sun Jul 13, 2014 7:40 am

The Supreme Court has ruled that forcing job applicants to disclose minor crimes as part of background checks is a breach of their human rights.
Hywel Roberts , 19 Jun 2014
The ruling is related to the case of a man, identified only as "T" in court, who was denied employment at a football club and later a place at university due to a caution for stealing a bicycle when he was 11.

He took his case to the Court of Appeal, which ruled in his favour. This latest ruling upholds that court's decision. It will now apply to all UK job applicants.

In their statements, the judges said forcing candidates to disclose minor offences such as police warnings "were not based on any rational assessment of risk".

The ruling will be seen as a victory for the Ban the Box campaign, spearheaded by Vicky Pryce, which campaigns for those with criminal convictions to be given more opportunities in the workplace.

Fitness First HR director Neil Tune told HR magazine employers should be trusted to "use their judgement" when considering minor offences.

"If someone stole a bike when they were 11 is it realistically going to affect their ability to perform the job effectively?" he asked. "Also for other judgements, such as CCJs, it may be the case someone got in trouble due to difficult circumstances at one stage in their life. It doesn't make sense to rule people out hands-down for these things."
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Re: can employers require you to disclose convictions?

Post by powdermonkey » Sun Jul 13, 2014 7:59 pm

Maybe some sort of time limit should apply, as with car insurance? Any convictions in, say, the last 10 years? Or exceptions to the ruling for certain occupations?

I agree that someone who committed an offence as an 11 year old shouldn't have it hanging over their heads when they apply for a job some 30 years later, for example. As with most things, balance needs to be struck.
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