Suggested Process for existing jobholders
Introducing the requirement to obtain a CRB Disclosure to existing employees is more complex since it usually involves amending, or adding an addendum to, an existing contract of employment.
Changing employment conditions should be handled carefully, so we suggest it is best done individually with those employees concerned.
Where circumstances allow, a call for volunteers will probably yield the best results, possibly with some inducement.
Where this is not possible or there is resistance to the required changes, the existing terms in the current contract of employment will form the basis of the process employers should follow.
The following process will guide employers to introduce the requirement for Disclosures in a way that complies with current employment legislation, but we cannot generalise about the process of terminating employment if an existing employee refuses to agree to the proposed changes to their contract of employment. If this situation arises employers should consult a qualified HR professional.
Process
- Decide which roles require Disclosures.
- Decide which level of Disclosure is appropriate for which role.
- Create a written policies for
:-
- recruitment of ex-offenders*
- use, storage & dissemination of Disclosure content*
- if not already in place*.
- procedure for dealing with offences committed whilst employed by organisation*
- Create a revised contract of employment including clauses about Disclosures* e.g. Refreshing Disclosures, Offences Committed During Employment, Result of Committing an Offence, References to Data Protection
- Memo all staff indicating the organisation's new policies on Disclosures and recruitment of ex-offenders and offences committed whilst employed by organisation
- Update any employee handbooks, HR websites etc. to include new policies
- Hold individual meetings with the staff who you require to apply for a Disclosure to explain why it is necessary and relevant policies
- Ask the employee to confirm their consent to obtaining a Disclosure in writing or by accepting a new contract of employment containing the appropriate clauses.
- If the employee consents, ask them "exempted questions" about spent convictions and inclusion on Government lists and discuss in context of role (following procedure for dealing with offences committed whilst employed by organisation if employee discloses any convictions not previously disclosed)
- If the employee does not consent, restate the reasons for requiring the Disclosure and ask them to reconsider (a few days should be allowed for this)
- If the employee still does not consent, decide whether to :-
- 1) discuss possible redeployment of the individual to a role that does not require a Disclosure
- 2) consider termination of employment
- If, following discussions with the individual, redeployment is agreed, any new terms and conditions should be confirmed by the employer in writing with a signature from the employee indicating their agreement with the new terms and confirming acceptance of the variation.
* Sample wording available for DDC clients
If an employer is considering termination of employment on the grounds that an employee refuses to give consent to a Disclosure application a fair and reasonable procedure must be followed. Any such procedure must comply with the statutory disciplinary and appeal procedures in force. Guidance for specific situations is available from Ruth Ingman.