Recruit WIth Conviction welcomes the implementation of “protected convictions” in Scotland on 10 September 2015.
Important new employment protections are to be implemented for people with old, minor convictions in Scotland on 10 September 2015
The first changes to the Rehabilitation of Offenders Act 1974 since the Scottish Government summer consultation will create a new class of “protected conviction”. This will protect the rights of many people when they apply for work (paid or voluntary) in posts which are exempt from the 1974 Act.
This change will be implemented through a fast track process to comply with European Convention of Human Rights but further changes to the 1974 Act are expected soon after.
What are Protected Convictions?
Protected convictions are minor historical convictions and they will not be disclosed on a range of Disclosure Scotland certificates, including PVG, Enhanced Disclosures and Standard Disclosures.
Similarly applicants should not be asked to disclose protected convictions during any recruitment process for paid or voluntary employment.
A conviction will only be “protected” if it is spent and categorised as “less serious” and it meets one of the 3 criteria below:
- The sentence imposed was admonition or absolute discharge, or the discharge of the referral of a child’s case to a children’s hearing,
- The person was under 18 years of age at the time the offence was committed and at least 7 years 6 months have passed since the date of that conviction,
- The person was over 18 years of age at the time the offence was committed and at least 15 years have passed since the date of that conviction.
Decisions to not protect convictions will be subject to an appeal process.
Implications for employment and policy
1 in 3 men and 1 in 10 women in Scotland have at least one conviction listed on the Scottish Criminal History System. These convictions are typically minor and historic but they can have a negative long-term impact on individuals. Even minor criminal records correlate with low pay, under-employment and unemployment.
People are commonly embarrassed and anxious about their actions during low points in their lives and avoid applying for work (paid or voluntary) if they are required to disclose historic convictions. Disclosure anxiety is natural but can be worsened by bad experiences and generally people need support to overcome this.
Beyond this, there are ongoing examples where people are disproportionately deselected by overzealous recruitment administrators on the grounds of very historic minor convictions. Similarly recruiters need support to overcome conviction risk anxiety.
In order to provide relevant guidance, all employability workers should have practical knowledge of the following:
- The difference between a protected and unprotected conviction and when it is relevant
- The difference between a spent and unspent conviction and when it is relevant
- How to disclose convictions effectively when it is required
- The wider complexities of conviction relevance
- How to work out if a conviction is spent or protected
Note: these elements are covered in Apply With Conviction Workshops and wider employability good practice can be woven into events.
In order to comply with legislation and select the right candidate without bias, all recruiters should have a practical knowledge of the following:
- Unconscious bias and the difficulty in assessing criminal record information objectively
- The difference between a protected and unprotected conviction and when it is relevant
- The difference between a spent and unspent conviction and when it is relevant
- When and how to ask for criminal record disclosure effectively
- How to work out if a conviction is spent or protected
Note: these elements are covered in Recruit With Conviction Workshops and wider recruitment good practice can be woven into workshops.
Further information
http://www.legislation.gov.uk/sdsi/2015/9780111029329
http://www.bbc.co.uk/news/uk-scotland-scotland-politics-34187035