LYHA Policy on the employment of people with a criminal record

LYHA is committed to attracting and retaining colleagues who can make a valuable contribution to its ongoing success. Effective recruitment is essential to the delivery of LYHA’s plans and as such we adopt recruitment practices and processes which ensure that the best candidate is appointed. LYHA is committed to ensuring equality of access and opportunity in these practices and processes for all applicants.  

  • As an organisation assessing applicants’ 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), LYHA complies fully with the code of practice and undertakes to treat all applicants for positions fairly 
  • LYHA undertakes not to discriminate unfairly against any subject of a criminal record check on the basis of a conviction or other information revealed 
  • LYHA can only ask an individual to provide details of convictions and cautions that LYHA 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) 
  • LYHA can only ask an individual about convictions and cautions that are not protected 
  • LYHA is committed to the fair treatment of its staff, potential staff or users of its services, regardless of race, gender, religion, sexual orientation, responsibilities for dependants, age, physical/mental disability or offending background 
  • LYHA has a written policy on the recruitment of ex-offenders, which is made available to all DBS applicants at the start of the recruitment process 
  • LYHA actively promotes equality of opportunity for all with the right mix of talent, skills and potential and welcome applications from a wide range of candidates, including those with criminal records 
  • LYHA selects all candidates for interview based on their skills, qualifications and experience 
  • An application for a criminal record check is only submitted to DBS after a thorough risk assessment has indicated that one is both proportionate and relevant to the position concerned. For those positions where a criminal record check is identified as necessary, all application forms, job adverts and recruitment briefs will contain a statement that an application for a DBS certificate will be submitted in the event of the individual being offered the position 
  • LYHA ensures that all those in the organisation who are involved in the recruitment process have been suitably trained to identify and assess the relevance and circumstances of offences 
  • LYHA also ensures that they have received appropriate guidance and training in the relevant legislation relating to the employment of ex-offenders, e.g. the Rehabilitation of Offenders Act 1974 
  • At interview, or in a separate discussion, LYHA ensures that an open and measured discussion takes place on the subject of any offences or other matter that might be relevant to the position. Failure to reveal information that is directly relevant to the position sought could lead to withdrawal of an offer of employment 
  • LYHA makes every subject of a criminal record check submitted to DBS aware of the existence of the code of practice and makes a copy available on request 
  • LYHA undertakes to discuss any matter revealed on a DBS certificate with the individual seeking the position before withdrawing a conditional offer of employment.