Employee’s failure to disclose criminal conviction

Do employees have to disclose criminal convictions to their employer?

Employee’s Failure to Disclose Criminal Conviction

It’s understandable that employers will want to establish whether a prospective employee is trustworthy and of good character before taking them on. Even where criminal record checks are not a mandatory job role requirement, employers may still want to make any offer of employment conditional upon an assessment of a candidates’ criminal history. They may also want to be told of any convictions that arise after someone is hired, making disclosure of convictions a condition of employment, so as to avoid bringing their business into disrepute and mitigate recruitment discrimination risks.

Section 193 of the Police, Crime, Sentencing and Courts Act 2022 came into force on 28 October 2023, introducing significant amendments to the Rehabilitation of Offenders Act 1974 (ROA).

The amendments reduce the periods of time after which certain offences become ‘spent’ and no longer need to be disclosed by an individual to an employer.

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