Exempt positions
We have a duty of care to protect the well-being of:
- the public
- service users
- children and adults in our care who are especially vulnerable or at risk
If the job advertised is on the exempt list in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975,typically those requiring a standard or enhanced DBS, the applicant must disclose all convictions. For more information please read the guidance from the Ministry of Justice.
Disclosure is needed whether or not the convictions are 'spent'. Protected cautions and protected convictions do not need to be disclosed, depending on the job concerned.
We may ask applicants to disclose:
- all unspent and unprotected spent convictions
- cautions
- warnings
- reprimands
- binding over or other orders
- pending prosecutions
- criminal investigations
Failure to disclose this information could result in:
- withdrawal of a job offer
- dismissal
- disciplinary action
Failure to reveal information that is directly relevant to the position sought could lead to:
- withdrawal of an offer of employment
- a review of employment with us
We will keep any information given to us confidential. We will only consider it with an application for positions to which an order applies.
If the job is exempt, we will ask for written evidence about the successful applicant's criminal convictions. We will seek the applicant's agreement to make a joint application to the Disclosure Barring Service (DBS) for a standard, enhanced or enhanced with DBS barred lists check.
Where a job is exempt, we may lawfully decide to reject the individual due to a conviction. It does not need to be 'spent'.
We will discuss any matter revealed with the individual before withdrawing a conditional offer of employment.