Frequently Asked Questions – Policy on Recruitment & Employment of... Offenders

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Frequently Asked Questions – Policy on Recruitment & Employment of ExOffenders
All action regarding the recruitment and employment of ex-offenders at the
University will be in line with the University’s Policy on the Recruitment and
Employment of Ex-offenders.

What exactly is the Criminal Records Bureau?
The Criminal Records Bureau (CRB) is an executive agency of the Home
Office which was set up to help organisations to make safer recruitment
decisions. The CRB provides access to criminal record information to
assist employers in the public, private and voluntary sectors identify
candidates who may be unsuitable for certain work, especially that
involving contact with children or other vulnerable members of society.
Further information is available on the CRB home page.
The CRB provides information on criminal records to organisations via
its Disclosure service. Applicants complete an application form and
provide proofs of identity to the recruiting organisation, which
authorises the application and sends this to the CRB. A Disclosure
certificate containing details of the applicant’s criminal record is then
sent to both the applicant and the recruiting organisation. Two levels
of Disclosure are currently available: Standard and Enhanced. A Basic
check is available through Disclosure Scotland.

Why do some posts need a criminal records check and others don’t?
The University recruits to a wide range of roles, and for some posts
confirmation that an applicant’s criminal history is satisfactory is a
requirement of the recruitment process. For posts which involve work
with, or access to, children or vulnerable adults, access to details of
spent and unspent convictions and cautions may be required. This is
obtained via a CRB Disclosure check. For posts which involve access to
confidential or financial information, property or security equipment,
confirmation of an individual’s unspent criminal record may be
required. This is obtained via a Basic check through Disclosure Scotland.
A list of posts which will routinely require criminal records checks within
the University has been established and can be viewed here.

How will I find out if I need to obtain a criminal records check?
When a satisfactory CRB Disclosure has been identified as an essential
requirement for a post, this will be clearly stated within the About the
Job for the post, at interview, and will be made a condition of your
contract within your offer letter.

I have a criminal record, will this prevent me from getting a job at
the University?
Having a criminal record does not mean you will be automatically
rejected for employment at the University. Each case will be considered
in its own right. If you have a criminal record, your circumstances and
the requirements of the role will be considered carefully by the
Department of Human Resources (HR) relative to the requirements of
the post, prior to you receiving a final offer of appointment. The
Recruiting Manager may be consulted as part of this process. If the
facts of the case lead to an incompatible match between your criminal
record and the needs of the post, the University may be required to
withdraw the offer of appointment. If your criminal record is not
considered detrimental to your ability to undertake the role, the offer of
appointment will be confirmed, subject to all other criteria having been
met, e.g. references, health assessment etc.

How do I obtain a criminal records check?
When you have been offered a post which requires this check, the
Business Support Team within the Department of HR will send you the
appropriate application form and guidance notes.
For posts requiring a CRB Disclosure Check: you will be asked to bring
your completed application form into the department along with the
necessary forms of identification as specified by the CRB

Will I receive a copy of my criminal records check?
Disclosure
For a Disclosure application, the certificate will be sent to both (a) you
at your home address and (b) directly to the Staff Countersignatory who
signed the form for review.
Basic Check
A Basic check through Disclosure Scotland can be applied for online or
by post. Only one certificate is provided, either to the individual, or to
the University (if specifically requested).

How long will it take to receive my criminal records check?
This varies depending upon individual applications and service demand.
On average, most Disclosures are currently issued within 6 weeks, and
most Basic checks in 5 days. If you are asked for further information by
the Department of HR, or the CRB, you should provide this immediately
to enable your application to be processed promptly.

How will I find out if my criminal records check is considered to be
satisfactory?
Upon consideration of the content of the Disclosure the Department of
Human Resources may contact you to discuss this, if appropriate. For
certain posts it may be necessary to inform a relevant third party that
you have received a satisfactory Disclosure Check, e.g. many NHS trusts
require this confirmation prior to issuing Honorary Contracts to
University staff. In such instances you will be informed in advance if this
is a requirement of the role.
Where the Disclosure provides details of spent/unspent
convictions/records, this will not lead to an automatic bar from
appointment. The Department of HR will review the contents of the
Disclosure in line with the requirements of the vacancy and will consider
any other information which you have provided regarding your case.
As part of this review you may be invited to discuss your case further
with the Department of HR, appropriate managerial representatives
from the recruiting department may also be involved, before a final
decision on suitability is made. All aspects of the review of the
Disclosure will be in line with the University’s Policy on the
Recruitment and Employment of Ex-offenders and Equal Opportunities
Policy. If the individual’s circumstances are not compatible with the
post, the University may be required to withdraw the offer of
appointment and will inform all appropriate parties of this outcome.

Who will see details of my criminal records check?
All documentation relating to the criminal record application process
will be considered highly confidential by all parties involved and will be
stored securely by the Department of HR, separately from your personal
file. Access to documents, and the results of the criminal records check,
will be restricted to those who require access as part of their duties, as
determined by the Department of HR and in line with CRB requirements.
The Department of HR may discuss the content of your Disclosure with
your manager where they consider this to be essential regarding the
assessment of your compatibility with the role in question.
Documents will only be retained for a reasonable period following
which they will be destroyed as confidential material in line with CRB
guidance. Further details are available in the University’s Policy
regarding the Security, Storage and Retention of Criminal Records
Check Information.

I am not a UK national, will that affect the process?
Disclosure checks only reveal details of cautions and convictions
received in the UK. Therefore, for posts where the recommended
appointee is a non-UK national, an offer of appointment may be made
subject to both a satisfactory Disclosure check and a satisfactory police
record or Certificate of Good Standing (CGS) from your country of
origin, which you will be required to provide. For staff where General
Medical Council (GMC) or General Dental Council (GDC) registration is a
condition of appointment, a CGS is required by the GMC or GDC, so the
University will not need to make a separate request.

I am UK national, but I’ve spent some time in another country - will
that affect the process?
Disclosure checks only reveal details of cautions and convictions
received in the UK. Therefore, for posts where the recommended
appointee is a UK national but has spent a significant proportion of
time living in a country outside the UK, an offer of appointment may be
made subject to both a satisfactory Disclosure check and a satisfactory
police record or Certificate of Good Standing (CGS) from the countries
lived in, which you will be required to provide. For staff where General
Medical Council (GMC) or General Dental Council (GDC) registration is a
condition of appointment, a CGS is required by the GMC or GDC, so the
University will not need to make a separate request.
Current staff

I’m an existing member of staff, and someone else who has been
appointed to a similar role has been required to provide a criminal
records check – will I have to provide details of my criminal record
too?
Following the introduction of the Disclosure system in 2002, this system
has been used when recruiting to relevant posts from this date.
However, some existing staff may be required to undergo a check to
meet the requirements of their existing roles. Each case will be
considered on an individual basis by the Department of HR in order to
clarify whether a Disclosure is essential to the post and if so to what
level. The requirement to undergo a check may arise for a number of
reasons which the University may have to adhere to in order to comply
with its obligations e.g. changes in legal requirements or a requirement
by a third party which has a direct impact on the post. If you require a
criminal records check, you will be informed of this by your line
manager and the Department of HR will guide you through any action
needed.

My role has changed and I need a criminal records check – how do I
obtain this?
If you have been told that you need to obtain a criminal records check –
e.g. due to the requirements of a new research grant - contact your
customary Business Support team to discuss this. If it is agreed that
you require a criminal records check, you will be supplied with the
appropriate application form and guidance.

I have now gained a criminal conviction or caution - will I lose my
job?
Once in employment, staff should inform their line managers and/or
Department of HR, in confidence, of any changes to their circumstances
which affects their criminal records status, in order that the impact upon
their suitability to continue to undertake their role may be reviewed.
Each case will be considered in its own right in line with the
University’s Policy on the Recruitment and Employment of Exoffenders. A criminal record will not automatically result in the
termination of employment, however, in cases when it is decided that
the caution or conviction is not compatible with the requirements of the
role, this may unavoidably result in the termination of employment.

Who organises staff criminal records checks? What about student
checks?
Staff criminal records checks are undertaken by the Department of HR
only. Student Disclosure applications are organised by
Countersignatories within individual departments – if you would like to
find out who your department’s Countersignatory is, please contact
Student Recruitment & Admissions on ext. 24122. Countersignatories in
other departments must not authorise Disclosure applications for staff.

I am applying for a University of Sheffield post which requires a
criminal records check – if I am appointed will I need to obtain one
even though I already work here?
Yes. If this is a requirement of your new post, it will be made a condition
of your appointment, even if you are a current member of staff.
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