HCS90-Ex-Offender Employment and Equality Policy

Registration Number: {{org_field_registration_no}}

Ex-Offender Employment and Equality Policy

1. Purpose

The purpose of this policy is to ensure fair, equal, and lawful recruitment and employment practices regarding ex-offenders at {{org_field_name}}. We are committed to promoting equality, diversity, and inclusion while ensuring the safety and well-being of people we support, staff, and stakeholders. This policy aligns with the Rehabilitation of Offenders Act 1974, Care Inspectorate Scotland regulations, and SSSC Codes of Practice to provide a clear framework for hiring, assessing risk, and supporting ex-offenders in employment. This policy also ensures compliance with legal obligations while fostering a supportive and inclusive workplace for all individuals, regardless of past convictions.

2. Scope

This policy applies to all job applicants, employees, agency staff, and volunteers at {{org_field_name}}. It covers all aspects of recruitment, employment, and career progression, ensuring that ex-offenders receive a fair and transparent assessment based on their abilities and suitability for the role rather than their past convictions. The policy applies to positions at all levels within the organisation and extends to external contractors where applicable.

3. Related Policies

To ensure consistency and compliance, this policy works in conjunction with the following policies:

Equality, Diversity & Inclusion Policy – Promotes a fair and respectful working environment.
Recruitment and Selection Policy – Ensures a transparent, unbiased hiring process.
Safeguarding and Protection of Vulnerable Adults Policy – Protects vulnerable individuals from harm.
Whistleblowing Policy – Provides a mechanism for reporting unfair treatment or misconduct.
Code of Conduct Policy – Establishes expectations for professional behaviour.

4. Legal and Regulatory Compliance

{{org_field_name}} ensures full compliance with the following legal and regulatory frameworks:

Rehabilitation of Offenders Act 1974 – Governs disclosure of past convictions and protects ex-offenders from unnecessary discrimination.
Protection of Vulnerable Groups (PVG) (Scotland) Act 2007 – Ensures individuals working with vulnerable people undergo appropriate vetting.
Equality Act 2010 – Prohibits discrimination based on protected characteristics, including past convictions.
Care Inspectorate Scotland Guidelines – Provides regulatory guidance on safe and fair recruitment practices.
Scottish Social Services Council (SSSC) Codes of Practice – Ensures fair and ethical treatment of individuals within social care.

5. Recruitment of Ex-Offenders

5.1. Fair and Inclusive Recruitment Practices

{{org_field_name}} is committed to ensuring that individuals with criminal records are treated fairly throughout the recruitment process:

Job applicants will not be automatically excluded based on criminal history, except where specific legal restrictions apply.
Recruitment decisions will be made based on an individual’s qualifications, skills, and experience relevant to the role.
Job descriptions and advertisements will clearly state that {{org_field_name}} is an equal opportunities employer and considers ex-offenders fairly.
Applications will be reviewed on an individual basis, assessing any past convictions in a proportionate and justifiable manner.

5.2. Disclosure and Background Checks

To ensure the safety of people we support, all individuals applying for regulated roles will undergo PVG Scheme checks. The following guidelines apply:

Applicants must disclose unspent convictions as required under the Rehabilitation of Offenders Act 1974.
All disclosures will be handled sensitively and confidentially.
A fair and transparent assessment will be conducted, considering factors such as the nature of the offence, time elapsed, and rehabilitation efforts.
Criminal records will not be used as a sole determinant of suitability for employment.

6. Risk Assessment and Safeguarding

6.1. Assessing Suitability for Employment

Each applicant with a criminal record will undergo an individual risk assessment based on the following factors:

Nature and seriousness of the offence and its relevance to the role.
The time that has elapsed since the conviction.
The circumstances surrounding the offence, including any mitigating factors.
Evidence of rehabilitation, positive conduct, and changes in personal circumstances.
The level of supervision required and whether additional safeguards can mitigate risks.

6.2. Safeguarding Measures

If a risk is identified, {{org_field_name}} may implement the following additional safeguards:

Enhanced supervision and monitoring where necessary.
Restricted duties or alternative roles where appropriate.
If an individual is deemed unsuitable for employment in a regulated role, they will be given a clear explanation and support to seek alternative opportunities.

7. Supporting Ex-Offenders in Employment

7.1. Workplace Support and Development

{{org_field_name}} ensures that ex-offenders have access to the same career development opportunities as other employees:

All staff, including ex-offenders, will have access to ongoing training, mentorship, and professional development.
Confidentiality will be strictly maintained regarding past convictions unless disclosure is legally required.
Where additional support is needed, tailored workplace adjustments will be considered to promote successful reintegration.

7.2. Non-Discrimination and Equal Treatment

To promote a culture of inclusivity:

All employees have the right to work free from discrimination, harassment, or bias.
Managers and team leaders will receive training on fair treatment and unconscious bias to support ex-offenders effectively.
Any concerns about discrimination or unfair treatment can be raised via the Whistleblowing or Grievance Policies.

8. Monitoring and Compliance

To ensure adherence to this policy:

Regular audits will be conducted to assess the fairness of recruitment and employment practices.
Data will be collected anonymously to track the success of ex-offender recruitment and retention.
Feedback from employees, managers, and people we support will inform policy improvements.
The Care Inspectorate may review records to ensure compliance with safeguarding guidelines.

9. Responsibilities of Management

Management at {{org_field_name}} has a duty to:

Ensure recruitment and employment practices comply with all relevant laws.
Provide training to hiring managers and HR teams on fair and unbiased decision-making.
Support ex-offender employees in their professional development and workplace integration.
Maintain a clear, confidential, and structured risk assessment process.

10. Complaints and Appeals

Any applicant or employee who believes they have been unfairly treated due to their criminal record may:

Submit a formal complaint through the HR department.
Appeal recruitment decisions through HR or senior management.
Raise concerns confidentially through the Whistleblowing Policy if discrimination is suspected.

11. Policy Review

This policy will be reviewed annually or sooner if legislative or regulatory changes occur. Any updates will be communicated to all staff.

Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.