Summary and implications
Employing ex-offenders is a sensitive issue: some employers are wary of potential risks and reputational damage, while others embrace the idea wholeheartedly. Sir Richard Branson, for example, "would like to encourage more companies to proactively recruit ex-offenders".
Most job applicants and employees are not obliged to disclose past criminal convictions. There are a number of important exceptions and safeguards, in particular regarding certain professions and jobs involving children and vulnerable adults. However, it is open for employers to require job applicants and employees to disclose all "live" convictions, that is those which are not "spent". The Rehabilitation of Offenders Act 1974 sets out the periods of time during which convictions remain live. These periods will be reduced with effect from 10 March 2014, in an attempt to increase the employment opportunities for ex-offenders.
What does this mean to you?
- Ensure your HR team is aware of the new disclosure periods. A refusal to employ an employee because he or she has a conviction which turns out to be spent is unlawful. Although the individual has limited remedies, the business could suffer reputational damage. Dismissal in similar circumstances would almost always be unfair, subject to the employee's right to bring a claim (e.g. two years' continuous employment).
- Be clear about your organisation's needs and priorities. How do the new disclosure periods fit with your various employment, business and reputational needs?
- If you operate within a regulated profession, the changes may still affect some of your employees. This is an opportunity to ensure your vetting procedures are up-to-date and apply properly to all staff employed by you.
Below is a table summarising the new, reduced, disclosure periods which will apply from next month.
1. Custodial sentences:
| Sentence length | Current rehabilitation period (from date of conviction) | New rehabilitation period (length of sentence plus period below – from end of sentence) |
| 0–6 months | 7 years | 2 years |
| 6–30 months | 10 years | 4 years |
| 30 months–4 years | Never spent | 7 years |
| Over 4 years | Never spent | Never spent |
2. Non-custodial sentences:
| Sentence | Current rehabilitation period | New rehabilitation period |
| Community order (and youth rehabilitation order) | 5 years (from date of conviction) | 1 year (from end of sentence) |
| Fine | 5 years | 1 year (from date of conviction) |
| Absolute discharge | 6 months | None |
| Conditional discharge, referral order, reparation order etc. | Various | Period of order |
| Young offenders' rules Remember that the rehabilitation periods are halved for individuals under 18 at the date of their conviction (except for custodial sentences of up to six months for which the rehabilitation period is 18 months). |
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
