Suggested Process for new recruits
Incorporating the requirement for a new employee to apply for a Disclosure is relatively straightforward since there is no pre-existing contract.
However it should be made clear from the start that a Disclosure will be required and this should be reflected in any job advertisements, application forms and subsequent contract of employment.
The following process will ensure this :-
- Decide if a Disclosure is necessary for role.
- Decide which level of Disclosure is appropriate.
- Include in any job advertisements a statement to the effect that a Disclosure will be required.
- Include in the application form a statement to the effect that a Disclosure will be required.
- 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*
- Incorporate clauses about Disclosures in contract of employment,* e.g. Refreshing Disclosures, Offences Committed During Employment, Result of Committing an Offence, References to Data Protection
- Provide policies to applicants with application form
- Incorporate "exempted questions" about spent convictions and inclusion on Government lists in application form
- Discuss any convictions in context of role at interview
- Make provisional job offer to preferred candidate in writing "subject to..."
- Mention in the job offer that the applicant will receive a Disclosure Application Pack from DDC
- Confirm the requirement for the employee to refresh Disclosure at specified intervals at the request of the organisation.
* Sample wording available for DDC clients
Note : If the preferred candidate’s Disclosure is not satisfactory the information obtained must not be retained on file by the employer but destroyed. The candidate must be told of the organisation’s policy of non-retention in these circumstances.
If the information obtained is satisfactory, the fact that the Disclosure was satisfactory and the date of the Disclosure can be retained on the personnel file, but not for an indefinite period of time. The organisation must identify how long that information will be kept on file and communicate that to the successful candidate, e.g. until a subsequent Disclosure is received or a set period after the employee leaves/retires.