Employers urged to consider applicants with criminal records

Scottish employers must do more to make sure individuals with criminal convictions are not excluded from the jobs market, a Scottish Government minister has urged.  

Minister for Community Safety and Legal Affairs, Paul Wheelhouse, warned those who have been through the justice system remain  “one of the most marginalised groups in our labour market and, in fact, our society”.

Wheelhouse was speaking at a summit in Edinburgh to coincide with the launch of a consultation on proposals to amend legislation governing the disclosure of offences by those with criminal convictions.

Under the Rehabilitation of Offenders Act 1974, anyone sentenced to prison for over two-and-a-half years is required to disclose their previous convictions for the rest of their life when applying for jobs. 

The consultation puts forward proposals to change this to four years and over, while the period of time for which disclosure still applies is to be reduced for those who have served short-term sentences as well as non-custodial sentences, such as community payback orders.   

Alternatives to prosecution, including fiscal fines, will no longer require self-disclosure if the proposals progress.

The consultation does not propose any changes to the existing disclosure legislation when it comes to certain high level crimes or certain job types such as those working with children or the elderly.

Wheelhouse stressed there is a need for attitudes within society to change with those who have been through the justice system supported to be “active responsible contributors to our communities”.

“To make this a reality, this requires acceptance on the part of the wider community and a willingness to support rather than oppose successful reintegration back into their community,” he said.  

Addressing employers specifically, he added: “Regardless of what work you've done to date or what work you’re planning to do, I call on you to open up the pool of talent to give those with criminal convictions the opportunity to compete for jobs. 

“I encourage you as employers to do all you can to show leadership and to work to change the misconceptions that those who have been through the justice system have to do contend with.”

As it stands, the 1974 Act prohibits employers from discriminating against a person in relation to criminal activity that does not need to be disclosed, though there is no criminal offence or civil penalty for doing so.

The Scottish Government has said it has an “open mind” on whether introduction of an enforcement mechanism would be of benefit.