Having a criminal record is not necessarily a barrier to working at University of Bristol. This will depend on the nature of the role, the outcome of any Disclosure and Barring Service (“DBS”) check, and the circumstances and background of the offences. The University encourages self-disclosure by applicants. This procedure should be read in the context of the University’s Disclosure and Barring Policy and is designed to ensure that any application from an applicant who has a criminal record is fairly assessed, taking into account the interests of the individual concerned, the wider university community, legislative requirements and (where appropriate) the particular requirements of relevant professional bodies.
This procedure applies to applicants to the University and to all individuals applying for roles across the institution regardless of duration or contract type. This procedure applies irrespective of how the University becomes aware of an applicant’s criminal convictions and therefore includes self-disclosure by the applicant, DBS checks, information in the media and/or a search of the DBS barred lists.
If an individual is convicted of a criminal offence whilst employed by the University, use the procedure for how we respond to criminal convictions of current staff.
The University requires information concerning unspent criminal convictions to be disclosed as it must assess, as part of the recruitment process, whether it is appropriate for an individual to join the University community.
In some circumstances, where for example an individual is applying for a role which involves regulated activity or to a position which is listed in the Rehabilitation of Offenders Act (Exceptions) Order 1975 or the Police Act Regulations, we require disclosure of both spent and unspent convictions.
If it is revealed that an applicant has an unspent criminal conviction, a spent criminal conviction, or the role involves regulated activity, follow this procedure.
A decision should be made in the normal way as to whether or not an individual should be offered a role following shortlisting and interview, but it must be made clear to the individual that a final decision may not be taken without separate consideration of any unspent convictions. Before any offer is made, the Employee Services Hub will send an email to the applicant asking for information from other sources, such as the Probation Service. Alternatively, the applicant may be asked to provide such information themselves.
When making recruitment decisions about the applicant, staff should disregard any convictions which are deemed spent under the Rehabilitation of Offenders Act 1974. GOV.UK provides a definition of spent and unspent convictions and details of rehabilitation periods.
In the case of a minor criminal conviction the recruiting manager will review the information about the criminal conviction and reach a decision in consultation with their HR Business Partner on whether the offer should be made. If it is felt that more extensive investigation into the nature of the offences or conviction is required, and/or there are any concerns that the individual might put members of the University community at risk, the case would be referred to the Resourcing Manager for advice.
In the case of a serious conviction, the application should be referred to the Resourcing Manager who will work with the recruiting manager and HR Business Partner (the Group) to decide whether the nature of the conviction changes the decision to offer the role. In deciding, the factors to be considered may include:
All these factors must be balanced against the rights of the applicant to be treated fairly.
The Group should also consider any specific conditions that may need to be attached to the offer, for example, limits or changes to duties to enable the applicant to undertake the role.
If an applicant is asked to give additional information concerning their conviction(s), they must reply within two weeks, unless there is good reason for the delay. Normally the Group will make its decision within four weeks of receipt of the additional information requested.
Ideally, the number (and identity) of people who are informed of the criminal record will be agreed with the applicant. If agreement cannot be reached, then the Group will decide who should be informed as a condition of any offer.
Where a role involves regulated activity or a position is listed in the Rehabilitation of Offenders Act (Exceptions) Order 1975 or the Police Act Regulations, a satisfactory criminal records disclosure will be required. Some roles also require a check of the DBS Barred Lists.
In these cases, the recruiting manager, supported by their HR Business Partner and by the Resourcing Manager if required, must obtain all information about the conviction(s) and seek the applicant’s consent to obtain additional or corroborating information from other sources such as the Probation Service.
In making an initial decision as to whether or not the recruiting manager wants to proceed with an offer to the applicant, the factors to be considered may include whether the offence(s) would make it inappropriate for the individual to undertake the duties of the role.
If, having followed these procedures, the recruiting manager wants to proceed with an offer to the applicant, they should also consider any specific conditions that may need to be attached to the offer, for example, limits or changes to duties to enable the applicant to undertake the role.
Ideally, the number (and identity) of people who are informed of the criminal record will be agreed with the applicant. If agreement cannot be reached, then the Group will decide who should be informed as a condition of any offer.
Since October 2009 it is a criminal offence for the University knowingly to permit a barred individual to undertake regulated activity. An applicant who applies for a role that involves regulated activity and who is on a DBS list of barred individuals must automatically be rejected.
Any disclosure obtained through the DBS or by other means must be kept, and ultimately disposed of, in accordance with the current guidance from the DBS on the secure storage, handing, use, retention and disposal of disclosure and disclosure information. All other documentation should be kept securely and in accordance with the University’s Guidelines on the Data Protection Act.
For more information and advice about using this procedure, contact your HR Business Partner or the HR Resourcing Manager.
