Criminal Record

THE LAW: The Rehabilitation of Offenders Act 1974

Criminal convictions of no more than 2.5 years in prison become ‘spent’ or ignored after a period of rehabilitation. The rehabilitation period varies from each offence.

To find out more, visit the Criminal Records Bureau website

YOUR OBLIGATION:

Employers can find out whether you have a conviction so it is best to be honest.

You should check the individual company’s stance on employing people with a record when deciding whether to put it on your CV. Even if you do not put it in your CV, if it isn’t ‘spent’ you should definitely disclose this information at an interview.

Professions such as teaching, legal and medical organisations have more stringent policies regarding the employment of people with criminal convictions. Regardless of whether the conviction is ‘spent’ you will still need to declare it to these employers.

Disclosing your criminal record gives you the chance to explain the circumstances of your conviction and let the employer know that they no longer apply. You need to reassure the employer that they are not under any risk by employing you and focus on how you have learnt from your mistakes. It might also be a good idea to note any achievements you have undertaken since the conviction.

PRECONCEPTIONS:

People may believe that anyone with a criminal past has a severe disadvantage in the job market and is likely to be unable to find work.

A jobseeker with a conviction will not be considered fairly against those with no misdemeanours.

THE REALITY:

A criminal past is not necessarily an issue to an employer as long as it does not affect the job you are hired for.

Jobs should not discriminate based on any of the information you provide at an interview or on your CV. However, there will be some jobs you won’t be able to obtain with a record.

How a criminal record will affect your job prospects will also depend on the severity of the crime. A minor offence that you committed when you were a lot younger might not affect your chances whereas a major offence committed in the recent past will have implications on your employability.

For more advice on criminal records visit: http://www.crb.gov.uk

Disabilities

The Law: The Disability Discrimination Act (DDA)

The employer has a duty to make ‘reasonable adjustments’ to premises and working practices to ensure you are not at a substantial disadvantage compared with others. This covers the recruitment process and your terms and conditions under employment.

Rights covered by the DDA include: your chances for promotion, transfers, training and benefits, unfair treatment compared with other workers, harassment, victimisation and unfair dismissal.

YOUR OBLIGATION:

The decision rests entirely with you. It is not a legal requirement that you disclose your disability at an interview or on your CV.

However, if your disability requires the need of support during an interview, it is best that you let the company know in advance so they can make the preparations. This could mean anything from interviewing you in a room that offers wheelchair access, to having an interpreter present.

Giving false information on forms that ask about disability and health is also not advisable. This could lead to you losing your job. It is important to remember that just because they ask, does not mean this has any negative implications. The question is largely asked to ensure that the appropriate health and safety measures are in place.

PRECONCEPTIONS:

Many people believe that disabilities ultimately can have a negative impact on gaining employment.

Jobseekers are perhaps more likely to choose not to disclose their disability rather than share it and risk ‘losing a job’.

THE REALITY:

Don’t assume that an employer will view disability negatively or as a reason not to employ you, as this is not the case. The Employment Equality Act means that an employer cannot discriminate against someone with a disability.

As most companies operate equal opportunities policies, these are very positive towards accommodating those members of the workforce with a disability.

If you choose to disclose your disability in an interview, it gives you the chance to fully explain it positively. Your disability may have forced you to gain skills which are beneficial and useful to an employer. So use it to your advantage, people won’t see it as a disadvantage, and if you do, you aren’t doing yourself any favours.

I have a friend who is a colour blind graphic designer. His boss knows, and he is great at his job. This is my personal proof that having a disability doesn’t have to stop you doing something you love.

For more information, please visit http://www.equalityhumanrights.com/en/Pages/default.aspx