Criminal records January 2016
Criminal Convictions Policy, Version1, Page 1 of 5 Internal, January 2016
Where to find things. Introduction .................................................................................................................................................................... 3 Who’s this policy for?............................................................................................................................................. 3 Why do Tesco ask job candidates if they have a criminal record? .................................................................... 3 Will I be dismissed if I have a criminal record? .................................................................................................... 3 Will Tesco carry out a check to see if I have a criminal record? ........................................................................ 3 What does ‘spent’ conviction mean? ................................................................................................................... 3 How long are rehabilitation periods? ................................................................................................................... 4 Rehabilitation periods in England and Wales .............................................................................................................. 4 Rehabilitation periods in Scotland ............................................................................................................................... 5 Policy info........................................................................................................................................................................ 5 Ownership and confidentiality ..................................................................................................................................... 5
Criminal Convictions Policy, Version1, Page 2 of 5 Internal, January 2016
Introduction
We are an inclusive business and our aim is to recruit and retain individuals who are right for our roles without discriminating in any way.
As a business we are committed to a policy of equal opportunities and actively work with some charities to support the employment of ex-offenders.
Is it reasonable that you thought your conviction was spent? Were you asked asked if you had a current conviction during your interview? Your performance. Whether we believe your conviction conflicts with our Values and responsibilities If you received a ‘Colleague and Candidate Criminal Records Checking’ booklet, and signed the Agreement (only applicable for some roles)?
Who’s this policy for? This policy is applicable to Tesco colleagues who have a criminal record, or who are concerned about the impact that a pending court case may have on their employment.
Why do Tesco ask job candidates if they have a criminal record?
In some roles e.g. Pharmacists, you need to make us aware of any new convictions gained while you’re employed (i.e. not just at the interview stage).
Will Tesco carry out a check to see if I have a criminal record?
Colleagues, customers and suppliers place their trust in us to ensure that we make the right decisions about our colleagues.
Tesco has carefully considered whether or not we need to complete criminal record checks, and have decided that, it is appropriate to complete a criminal records check for some roles, which hold significant responsibility and trust.
We have a responsibility to our customers, suppliers and other colleagues so we need to ensure that everyone working for us is suitable. We assess suitability in a number of ways i.e. by asking relevant questions at the interview and checking their right to work in the UK.
Examples of these roles include Dotcom Customer Delivery Assistants, Duty Pharmacists, Pharmacy Managers, Opticians and Optician Managers who are dispensers. Checks may be completed before or during employment.
An candidate is likely to be asked when they apply to work for us if they have any current criminal convictions. Knowing the information about this helps us make informed recruitment decisions about suitability.
Where we have determined a need for a criminal records check, they must be carried out. Criminal record checks are not usually carried out for other colleagues/candidates.
Will I be dismissed if I have a criminal record?
We use an external provider to conduct the check for us, and if a People Manager is required to carry out a criminal records check, a briefing pack and colleague pack will be provided to them.
We assess your ability to carry out your job in a fair and objective way. We don’t prejudge how you may behave based on your history. If you disclose a ‘live’ criminal conviction, we will consider your suitability for the role by assessing:
What does ‘spent’ conviction mean? After someone is convicted of a crime, they enter into a rehabilitation period, and generally speaking, the more severe a penalty is, the longer the rehabilitation period.
the seriousness of the conviction and whether it is relevant to your role (i.e. driving offences would not be applicable to a Customer Assistant’s role); (if applicable) your work performance and attitude;
Once a rehabilitation period has ended (and if no further offending has taken place) a conviction is considered to be 'spent’.
If, following an investigation, it’s clear that you’ve been untruthful about a current conviction, we regard this as a serious breach of trust and confidence and it may result in your dismissal from the company.
This means that the conviction can be effectively be ignored and you don’t have to reveal that you had a conviction in most circumstances e.g. when filling in application forms or if your manager asks you.
Before making this decision, the following factors will be taken into consideration:
You must tell us about any unspent convictions if we ask you about it.
Criminal Convictions Policy, Version1, Page 3 of 5 Internal, January 2016
How long are rehabilitation periods? We will not ask colleagues or candidates if they have any spent convictions and you are under no obligation to inform us about any spent convictions. It is unlawful to discriminate or dismiss a colleague due to them having a spent conviction.
Rehabilitation periods in England and Wales Sentence/disposal
Rehabilitation period for adults (18 or over at the time of conviction or the time the disposal is administered)
Rehabilitation period for young people (under 18 at the time of the conviction or at the time the disposal was administered)
Imprisonment or detention in a young offender institution for over 48 months (4 years)
Never spent
Never spent
Imprisonment or detention in a young offender institution for over 6 months but not exceeding 48 months (4 years)
Period of sentence plus 4 years
Period of sentence plus 2 years
Imprisonment up to 6 months
Period of sentence plus 2 years
Period of sentence plus 18 months
Fine
1 year from date of conviction
6 months from date of conviction
Community Order/Sentence (and Youth Rehabilitation Order)
Period of sentence plus 1 year
Period of sentence plus 6 months
Absolute Discharge
None
None
Conditional Discharge/Caution /Referral Order/ Reparation Order/ Action Plan Order/ Supervision Order/ Bind-over Order/ Hospital Order
Period of the order
Period of the order
Simple caution, Warning
Spent immediately
Spent immediately
On the discharge of the order (i.e. when it is paid in full)
On the discharge of the order (i.e. when it is paid in full)
Reprimand,
Compensation Order
Final
An individual who has had a conviction for an offence, may, with certain exceptions be allowed to treat the conviction as if it had never occurred. When a conviction becomes "spent" depends on its seriousness, but the period of time starts from the end of the sentence. The above list shows examples of convictions and the period of time before they become spent. Useful Website: http://www.nacro.org.uk/data/files/nacro-2007021302-65.pdf
Criminal Convictions Policy, Version1, Page 4 of 5 Internal, January 2016
Rehabilitation periods in Scotland Sentence/disposal
Rehabilitation period for adults (18 or over at the time of conviction or the time the disposal is administered)
Rehabilitation period for young people (under 18 at the time of the conviction or at the time the disposal was administered)
A sentence of imprisonment or youth custody or corrective training for a term exceeding six months but not exceeding thirty months.
10 years
5 years
A sentence of imprisonment or youth custody for a term not exceeding six months
7 years
3½ years
Community Order/Service Community Order
5 years
2½ years
Absolute Discharge Conditional discharge Referral Order
6 months
6 months
1 yr. or date of order (the longer of)
1 yr. or date of order (the longer of)
Length of the order
Related reading OurTesco.com and Recruitment Toolkit
Policy info. Version No. 1
Date of change th
18 January 2016
Summary of change New policy
Policy owner:
[email protected] Ownership and confidentiality This document shouldn’t be shared with anyone externally without permission from your Director. This policy and any associated documentation remains the property of Tesco and should be returned if requested.
Criminal Convictions Policy, Version1, Page 5 of 5 Internal, January 2016
