How to Introduce Disclosures

Introducing disclosure requirements within your organisation is a critical step in ensuring a safe and compliant workplace. Whether you’re hiring new employees or updating policies for existing staff, it’s essential to determine the appropriate level of disclosure for each role and to communicate these requirements clearly.

This guide provides practical steps to help you navigate the process, from evaluating job roles and drafting policy documents to amending contracts and engaging with your team. By following these guidelines, you can implement disclosure procedures effectively and maintain the integrity of your organisation.

Decide the Level of Disclosure

If you are planning a new role within your organisation the first thing you will need to do is decide the level of Disclosure that you are eligible to request. You should then evaluate the job role offered and decide what is most suitable for your organisation based around the work that will be done. It may be useful to clarify this by writing the Job Description and including the responsibilities or expectations of the role.

Introducing the requirement for a new employee to apply for a Disclosure or become a PVG Scheme member is relatively straightforward since there is no pre-existing contract between you and the employee. However it should be made clear to the employee that the role is dependent on satisfactory Disclosure or PVG Scheme Records. This should be reflected in any job advertisements, application forms and subsequent contract of employment.

Should I choose a Basic, Standard or Enhanced Disclosure for my employee?

Create Policy Documents and Amend Contracts

For existing staff, it may be necessary to revise existing contracts and amend internal policy documents. In order to assist in this exercise, we have listed the steps in a typical deployment process (please note this is given as an example only)

1. Evaluate individual roles and decide which will require Disclosures, and at what level. Use the eligibility guidelines and where appropriate consider the duration, location and frequency of staff interaction with adults or children, or whether the role is classed as Regulated Activity.
2. Create or update written policies for:
   • Recruitment of Ex-Offenders
   • Use, storage & dissemination of Disclosure content
   • Procedure for dealing with offences committed whilst employed by the organisation
   • See sample DBS policy here 
3. Update any employee handbooks, HR websites or guidance used to include new policies (for existing staff) and create a revised contract of employment including clauses about Disclosures (for new staff).
4. Contact all staff indicating the organisation’s new policies on Disclosures and recruitment of ex-offenders. Also inform staff of new policies regarding offences committed whilst employed by the organisation.
5. 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 an updated contract of employment containing the appropriate clauses.
6. 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)*
7. 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)
8. If the employee still does not consent, decide whether to :
   • Discuss possible redeployment of the individual to a role that does not require a Disclosure
   • Consider termination of employment (as per the organisation’s own policies)

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. 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 outlined in current legislation.

*May differ depending on the role offered and level of Disclosure requested.

Please note that these samples/procedures may not be compatible with some policies or documents that clients already have. Consequently, we suggest that you have any changes to existing documents incorporating these wordings checked by a qualified lawyer specialising in employment law.