You may already be aware that on the 28 November 2020 amendments came into force under the Rehabilitation of Offenders Act the amendments to ROA 1974 ( previously amended 2013). These changes were introduced following a Supreme Court ruling in January 2019. However, the exact nature of how the amendments would be applied within organisation who were exempt from the Rehabilitation of Offenders Act 1974 (including educational establishments) was not released until 20 November 2020 giving schools only 8 days to put this in place.
It was felt that the amendments in 2013 did not go far enough in terms of enabling some groups of potential employees to obtain posts within schools. The new amendments now mean that employers should now ask shortlisted candidates to complete a self-disclosure form prior to interview and then ask the candidate about the convictions that they have put on their form.
Some convictions/ cautions and reprimands that may have come on a DBS previously will now not appear. Therefore employers should provide them with a self-disclosure form and cautions/convictions flow chart (see our document downloads) which will hopefully enable applicants to make the correct judgement in terms of what they disclose. The form will need to be returned to the potential employer in a sealed envelope and can either be opened by the chair of the recruitment panel or the recruiting manager.
You will also need to ensure that your application form is also revised to reflect this change. Our template application form on our downloads has been updated. If you are not currently a FusionHR client and would like access to our downloads please do get in touch
We have published two blogs relating to the EEA checks that have taken affect from the 01 January 2021;
- How does the EU and Employment Changes 2021 affect current EU employees?
- EU and Employment Changes 2021
Come and join us for our accredited safer recruitment training that is taking place over two half day 2 & 4 February, book your place here.
