911爆料网

Policy on the use of DBS checks, recruitment of those with criminal convictions and disclosure of convictions during employment.

Contents

• Introduction
• Scope
• Prospective members of staff
• Prospective members of staff who require DBS check as part of their role
• Existing members of staff
• Appendix A- DBS checks
• Appendix B- Disclosure Obligations听

Introduction

1. This document explains UCL鈥檚 policy on the disclosure of a caution and/or criminal conviction for prospective members of staff and existing members of staff including the use of

2.听 For student requirements, please听see the听Student Disclosure and Barring Policy.

3. 911爆料网ill treat prospective members of staff and existing members of staff who disclose a caution and/or criminal conviction in a fair and proportionate manner. Having a criminal record will not necessarily bar an individual from working for UCL; the nature of a disclosed conviction and its relevance to the post in question will be considered carefully.听

4. Failure to disclose a caution and/or criminal conviction, as set out in this policy, may lead to the withdrawal of an offer of employment or appointment with UCL or to disciplinary action which may lead to the termination of employment or appointment.听

Scope

5. This policy applies to all prospective members of staff and all existing members of staff. The term 鈥渟taff鈥� includes, but is not limited to, employees, workers, voluntary staff and honorary appointees.

6. Where an employment agency is contracted to provide temporary staff to UCL, it is the responsibility of the agency to undertake all necessary pre-employment checks, including a DBS check where relevant. The听agency will have its own procedures for requiring its workers to declare criminal convictions and will be expected to disclose any convictions to 911爆料网hich are relevant to the role as outlined in Appendix B.听

Prospective members of staff

7. Once an offer of employment or appointment is made, UCL requires prospective members of staff to disclose unspent criminal convictions and/or cautions as part of their application, where these are relevant to the role. A list of the roles and the relevant disclosable criminal convictions and/or cautions is available at Appendix B.听If a DBS check is required for a role, this will usually be stated in the job description and/or advertisement. Under the Rehabilitation of Offenders Act 1974 (amended), prospective members of staff are not required to disclose spent criminal convictions and/or cautions, unless the role is one to which an exception applies.

8.听Prospective members of staff can find out if a conviction or caution is spent by using the . Further 听on spent and unspent cautions and convictions is also available.听

Prospective members of staff who require a DBS check as part of their role

9. Prospective members of staff whose role is listed in Schedule 1 of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, (amended), will be required to undergo a standard or enhanced DBS check before they commence work, as set out at Appendix A.听

Existing members of staff

10. An existing member of staff鈥檚 ongoing disclosure obligations will depend on their role, as set out at Appendix B.

11. The member of staff must make their disclosure by emailing the HR Division鈥檚 Employee Relations team at ercases@ucl.ac.uk听with details and dates of the caution and/or criminal conviction.听

12. Members of staff who require a DBS check as part of their role will be required, at a future date to be confirmed,听to undergo a further DBS check at least every 4 years, should they remain in a role that requires a DBS check.听 For some roles this may be more often and where a member of staff has been notified that a DBS check must be renewed more frequently, this will override the 4-year requirement. If the employee changes roles, they may require a new DBS check depending on the nature of the new role.

13.听Where the employee is applying for an NHS Research Passport听which entails regulated activity within the NHS, UCL must conduct a DBS check.

Handling Disclosures

14. Information will be assessed fairly and proportionately when handling disclosures, and the response will consider the role that the member of staff holds or is applying for.

15.听When considering the relevance of a disclosure, the Employee Relations Team in the HR Division will consider a number of factors (as detailed in the ) such as:

• the person's age at the time of the offence;
• how long ago the offence took place;
• whether it was an isolated offence or part of a pattern of offending;
• the nature of the offence;
• Its relevance to the post or position in question; and
• what else is known about the person's conduct before and since the offence.

16. Convictions and/or cautions relating to sexual offences, those involving violence, or where a person is barred from working with children or adults at risk, may be incompatible with working for UCL. Notwithstanding this, each case will be considered on its own merits, considering any potential risk to UCL鈥檚 staff, students, reputation and the need to comply with the law. For example, it is a criminal offence to knowingly employ a person to undertake regulated activities where they have been barred from undertaking those activities.

17. Where an existing member of staff discloses a caution or criminal conviction, the Head of Employee Relations may provide advice to the department on any further action that may be required under UCL鈥檚 policies, and whether any referrals to a professional body or disclosures to a research funder need to be made. Any action will be fair and proportionate taking into consideration the role and the nature of the caution or criminal conviction.

18. Any cautions and/or convictions relating to a child or an adult at risk, will be referred to the Designated Staff Safeguarding Lead听who will consider whether a 听needs to be made to the DBS and/or if the Local Authority Designated Officer needs to be informed. UCL鈥檚 Safeguarding Policy should be followed when dealing with any safeguarding concerns that may arise.

19.听Existing members of staff who disclose a caution or criminal conviction will be provided with details of the confidential support available through the Employee Assistance Programme: Staff Support Service.听This service is available 24/7 and may include emotional support, legal advice and financial advice.听

Appendix A - DBS checks

1.听Standard DBS certificates for prospective and current staff who will will contain a prospective member of staff鈥檚:

• Convictions, both spent and unspent
• Cautions, both spent and unspent; and听
• Police reprimands and warnings.

Roles that require a standard DBS certificate are listed 听but within the context of working at 911爆料网, can be summarised as roles that are in a position of trust such as in finance or law; or roles that come into contact with vulnerable adults or patients (but do not provide care).

2.听Enhanced DBS certificates for prospective and current staff who will undertake 鈥榬egulated activity鈥� (for example, and ) will contain a prospective member of staff's:

• Convictions, both spent and unspent;
• Cautions, both spent and unspent;
• Police reprimands and warnings;
• Relevant police information; and听
• Whether the applicant is barred from engaging in 'regulated activity' with children or adults.

3.听The job advert and job description must specify if the role is subject to a DBS check, as well as the type of DBS check required. To understand which type of DBS check is required, recruiting managers should refer to the . can also be contacted for further advice.

4.听The check must be satisfactorily completed prior to starting the role.

5.听For information on how to apply for a DBS check at 911爆料网 see How to obtain a DBS check.

6.听911爆料网ill accept DBS checks, which prospective members of staff may have from previous employers, as proof of satisfactory clearance when:

• the disclosure is at the correct level i.e., standard or enhanced;
• the disclosure is free from any criminal offence data that would prevent them听being employed by UCL; and听
• the prospective member of staff has subscribed to the 听which states that there is no change to the certificate.听听

7.听Prospective and current members of staff who are members of the transgender community may contact the DBS for a听which does not reveal their gender identity history.

8.听Prospective and current members of staff who would be subject to a DBS disclosure should familiarise themselves with the government鈥檚 听and other information on DBS checks generally on

9.听Prospective members of staff who successfully secure an offer of employment or appointment at 911爆料网ill be required to undergo a further DBS check at least every 4 years, should they remain in a role that requires a DBS check. For some roles this may be required more frequently and where a prospective member of staff has been notified that a DBS check must be renewed, this will override the 4-year requirement.听

Appendix B- Disclosure Obligations听

听

HR Employment Policy听
August 2024