New Criminal Convictions Application Form Questions
In order to comply with legislation, one of the changes which was made to the application form on the 12th of December was the way in which the Criminal Convictions question is now selectable as a Filtering Question by the recruiter and consequently displayed to the candidate.
The default question which appears on all new application forms asks candidates whether they have any unspent criminal convictions or bind-overs, or any cautions, warnings or reprimands. Applicants are able to provide a ‘yes’ or ‘no’ answer to this.
Only some vacancies posted on NHS Jobs fall under the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975. This means that only vacancies that fall in this category may ask applicants about their ‘spent’ convictions.
An additional filtering question is available in the ‘Protection Questions’ group in Vacancy manager and can be selected at the time of creating the vacancy where this is applicable.
The wording ‘Have you at any time received or had pending a criminal conviction, caution, warning, reprimand or bind-over?’ will subsequently appear to candidates along with some guidance text which will explain that this refers to ‘spent’ convictions and that a CRB check will be done.
The full guidance text which is visible to candidates is as follows:
For the default Criminal Convictions question:
The Rehabilitation of Offenders Act helps rehabilitated ex-offenders back into work by allowing them not to declare criminal convictions to employers after the rehabilitation period set by the Court has elapsed and the convictions become “spent”.
During the rehabilitation period, convictions are referred to as “unspent” convictions and must be declared to employers.
Before you can be considered for appointment with the NHS we need to be satisfied about your character and suitability.
The NHS aims to promote equality of opportunity and is committed to treating all applicants for positions fairly and on merit regardless of race, gender, marital status, religion, disability, sexual orientation and age. The NHS undertakes not to discriminate unfairly against applicants of the basis of a criminal conviction or other information declared. Please answer the following question:
Have you any unspent criminal convictions or bind-overs, or any cautions, warnings or reprimands?
Yes
No
If yes, please provide details
For Exempt posts (Additional Filtering Question) the following is displayed
Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975
In order to protect certain vulnerable groups within society, there are a number of posts within the NHS that are exempt from the provisions of the Rehabilitation of Offenders Act 1974. These include positions where there is access to patients in the course of normal duties. As the post you have applied for falls within this category, it will be exempt from the provisions of the Rehabilitation of Offenders Act by virtue of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975.
Applicants for such posts are not entitled to withhold any information about convictions, cautions, warnings and reprimands which for other purposes are "spent" under the provisions of the Act. If you are successful with this application, any failure to disclose such information could result in dismissal or disciplinary action. Any information provided will be confidential and will be considered only in relation to posts to which the Order applies. A check will be made with the Criminal Records Bureau.
Please answer the following question:
Have you at any time received or had pending a criminal conviction, caution, warning, reprimand or bind-over?
Yes
No
If yes, please provide details
If you are unsure of how to use the Additional Filtering Questions, please contact the Helpdesk on 0870 7748 888 or via the Support Form on the ‘Contact Us’ page.