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What can you do if you find out an employee has a criminal conviction? Episode 105

What can you do about undeclared convictions of existing employees?

In this episode of the podcast I answer a question from a podcast listener with regards to criminal convictions and what you can do if you find an employee has a conviction you did not know about, which, whilst it does not impact on their job role, could cause reputational damage.

In this episode I will cover:

• The different rules that apply between Spent and Unspent Convictions.
• When some job roles are exempt from the Spent conviction rules.
• What you need to consider and the risks of dismissing an employee?
• Circumstances in which you may decide to dismiss or refuse employment to someone because of a conviction.
• Considerations if you do employ someone with a previous conviction.

Action Points

1. Consider if any of the job roles in your business fall under the Exceptions Order.

2. Look at how the vetting process works in your organisation and whether it is fit for purpose.

3. Consider what steps you take to carry out checks and background information about candidates.

4. If you are unsure how this decision affects your business, please give us a call – 01983 897003 – 023 8098 2006 – 01722 653001

Useful Links

Rehabilitation of Offenders Act 1974 – Guidance

As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion – or you can find full details here: HR Harbour

Don’t forget you can contact us by email or or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Photo by Szűcs László on Unsplash

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The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

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