This document outlines Northern Ballet’s approach to the recruitment of ex-offenders.
As an organisation assessing candidates’ suitability for positions which are included in the Rehabilitation of Offenders Act 1974 (Exceptions) Order using criminal record checks processed through the Disclosure and Barring Service (DBS), Northern Ballet complies fully with the code of practice and undertakes to treat all applicants for positions fairly.
Principles & Guidance
Candidates will be assessed on their skills, experience and qualifications for the job role and criminal convictions will not be relied on as immediate grounds for refusal of employment.
Candidates may be asked to disclose “unspent” convictions during the application and/or interview process. If the nature of the offence is relevant to the role they are applying for, the suitability of the candidate will be considered. In these circumstances, we reserve the right to refuse to offer employment to the candidate. Information relating to “spent” convictions will not be required to be disclosed by the candidate unless the job role is exempt from the Rehabilitation of Offenders Act (ROA) 1974. We will only ask candidates to provide details of convictions and cautions that we are legally entitled to know about. Where a DBS certificate at either standard or enhanced level can legally be requested (where the position is one that is included in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 as amended, and where appropriate Police Act Regulations as amended). We will only ask candidates about convictions and cautions that are not protected.
Candidates will be made aware of any positions where a criminal records check is required. A statement that a criminal record check is required if the candidate is offered the position will be included in recruitment documentation. Northern Ballet will not unlawfully discriminate against any candidate where they are required to provide information about their criminal convictions. Northern Ballet will provide appropriate guidance and training to all individuals that are involved in recruiting ex-offenders.
Where a criminal records check is part of the recruitment process, all candidates who are successfully invited to an interview should be encouraged to present information regarding any convictions they have at an early stage. They will be advised of the designated person within Northern Ballet to whom they should provide this information and informed that this will be kept confidential and only disclosed to those who require the information as part of the recruitment process.
Any disclosure of an offence will lead to a full discussion with the candidate regarding the relevance of the conviction to the job role before a decision is made about withdrawal of an offer of employment. A failure by the candidate to produce information about convictions relevant to the role could lead to us withdrawing an offer of employment. Where the criminal record information reveals details of an offence, the relevance to the job in question should be fully discussed with the applicant before withdrawing an offer of employment. Before withdrawing an offer, the HR department should be consulted.
To assess whether a criminal record is relevant to the role, the convictions disclosed should be assessed in line with the duties of the role and how the work is carried out. Factors to consider include, but are not limited to:
- whether the offence is relevant to the position in question
- the seriousness of any offence
- the type of offence or offences the applicant committed
- the circumstances and the explanation offered by the applicant
- the length of time that has passed since the offence took place
- whether the applicant’s circumstances have changed since the offending took place
Data Protection
The provisions of the Data Protection Act will be fully complied with when carrying out this process.