When a Disclosure and Barring Service (DBS) check reveals a criminal record, UK employers face the delicate challenge of balancing workplace safety with the principles of rehabilitation and fair opportunity. Under UK law, employers must not automatically reject applicants with positive DBS results — they must assess the relevance, severity, and timing of offences before making a decision.
This approach supports both safeguarding duties and the Rehabilitation of Offenders Act 1974, which allows individuals to move forward after their sentence. Employers are encouraged to make fair, informed, and case-by-case decisions to avoid discrimination.
Evaluating the Context of a Positive DBS Result
Not all criminal convictions pose a risk to every role. Employers should carefully consider:
-
The nature of the offence – Was it violent, financial, or related to vulnerable individuals?
-
How long ago it occurred – Older convictions may be less relevant.
-
The candidate’s rehabilitation efforts – Participation in programmes or positive character references can show change.
-
Job relevance – For example, a driving offence might not affect a desk-based role but could matter for a delivery position.
Employers must handle this information with confidentiality and sensitivity, keeping in mind GDPR obligations and fairness.
Legal and Ethical Responsibilities of Employers
The Equality Act 2010 protects individuals from unfair treatment due to a past conviction, while GDPR regulations require employers to process and store DBS data securely. Only those who need access for recruitment decisions should view the results, and data should be deleted once it’s no longer necessary.
It’s also important to provide applicants with a chance to explain their DBS results before any hiring decision is made. This demonstrates transparency and compliance with DBS Code of Practice standards.
Promoting Fair Opportunity in Recruitment
Forward-thinking employers are moving towards a rehabilitation-focused hiring culture. This not only helps reintegrate individuals into society but also broadens the talent pool. Many candidates with past convictions have developed resilience, discipline, and accountability — qualities valuable to any workplace.
Employers can also adopt “Ban the Box” practices, delaying questions about criminal history until later in the recruitment process. This ensures fairer initial assessments based on skills and experience.
Conclusion
Balancing rehabilitation with risk isn’t always simple, but it’s crucial for both compliance and fairness. By adopting transparent, informed, and compassionate approaches, employers can protect their organisations while supporting rehabilitation and social reintegration.
For fast, compliant, and secure DBS checks, visit ClearCheck.co.uk — your trusted partner for background screening across the UK.
FAQs
1. Can I hire someone with a criminal record?
Yes, employers can hire someone with a criminal record if the conviction is not relevant to the role or poses no risk to the organisation or public.
2. What should I do if a DBS check shows a conviction?
Discuss it openly with the applicant, assess the relevance to the job, and follow fair recruitment guidelines before making a decision.
3. How should DBS data be stored?
Employers must securely store DBS data, restrict access, and delete it once no longer needed — in compliance with GDPR rules.
4. Are spent convictions always disclosed?
No, only unspent convictions appear on basic DBS checks. Standard and enhanced checks may show spent convictions if the role is exempt under the Rehabilitation of Offenders Act.
