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General principles

As an organisation GEARS+ uses the Criminal Records Bureau (CRB) Disclosure service to help assess the suitability of applicants for positions of trust, GEARS+ complies fully with the CRB Code of Practice and undertakes to treat all applicants for positions fairly. It undertakes not to discriminate unfairly against any subject of a Disclosure on the basis of a conviction or other information revealed.

GEARS+ is committed to the fair treatment of its staff and volunteers, potential staff or users of its services, regardless of race, gender, religion, sexual orientation, responsibilities for dependants, age, physical/mental disability or offending background.

We actively promote 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. We select all candidates for interview based on their skills, qualifications and experience.

All positions within GEARS+ require a Disclosure, under the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975. Therefore, all application forms, and recruitment briefs will contain a statement that a Disclosure will be requested in the event of the individual being offered the position and all positions are subject to an enhanced CRB check.

We encourage all applicants called for interview to provide details of their criminal record at an early stage in the application process. We request that this information is sent under separate, confidential cover, to a designated person and we guarantee that this information will only be seen by those who need to see it as part of the recruitment process.

Under the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, GEARS+ will ask questions about your entire criminal record, including ‘unspent’ convictions as defined in the Rehabilitation of Offenders Act 1974, if it deems the convictions to be relevant to the role.

We ensure that all those in GEARS+ who are involved in the recruitment process have been suitably trained to identify and assess the relevance and circumstances of offences. We also ensure that they have received appropriate guidance and training in the relevant legislation relating to the employment of ex-offenders. 
At interview, or in a separate discussion, we ensure 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. 
We make every subject of a CRB Disclosure aware of the existence of the CRB Code of Practice and make a copy available on request.

We undertake to discuss any matter revealed in a Disclosure with the person seeking the position before withdrawing a conditional offer of employment.

Handling Information

GEARS+ also complies fully with the CRB Code of Practice regarding the correct handling, use, storage, retention and disposal of Disclosures and Disclosure information. In addition, GEARS+ complies fully with its obligations under the Data Protection Act 1998 and other relevant legislation pertaining to the safe handling, use, storage, retention and disposal of Disclosure information and has a written policy on these matters, which is available to those who wish to see it on request.

Storage and access Disclosure information is kept securely, in lockable, non-portable, storage containers with access strictly controlled and limited to those who are entitled to see it as part of their duties.

Handling In accordance with section 124 of the Police Act 1997, Disclosure information is only passed to those who are authorised to receive it in the course of their duties. We maintain a record of all those to whom Disclosures or Disclosure information has been revealed and it is a criminal offence to pass this information to anyone who is not entitled to receive it.

Usage Disclosure information is only used for the specific purpose for which it was requested and for which the applicant’s full consent has been given.

Retention Once a recruitment (or other relevant) decision has been made, we do not keep Disclosure information for any longer than is necessary. This is for a period of up to six months, to allow for the consideration and resolution of any disputes or complaints. If, in very exceptional circumstances, it is considered necessary to keep Disclosure information for longer than six months, we will consult the CRB about this and will give full consideration to the data protection and human rights of the individual before doing so. Throughout this time, the usual conditions regarding the safe storage and strictly controlled access will prevail.

Disposal Once the retention period has elapsed, we will ensure that any Disclosure information is immediately destroyed by secure means, i.e. by shredding, pulping or burning.

While awaiting destruction, Disclosure information will not be kept in any insecure receptacle (e.g. waste bin or confidential waste sack). We will not keep any photocopy or other image of the Disclosure or any copy or representation of the contents of a Disclosure. However, notwithstanding the above, we may keep a record of the date of issue of a Disclosure, the name of the subject, the type of Disclosure requested, the position for which the Disclosure was requested, the unique reference number of the Disclosure and the details of the
recruitment decision taken.

Having a criminal record will not necessarily bar you from working with GEARS+. This will depend on the nature of the position and the circumstances and background of your offences.