Criminal Records Check Policy

Disclosure and Barring Service (DBS)

INTRODUCTION

We recognise that our people is one of our best assets and it is by working together that we can all help to grow our business and ensure both individual success and the Company’s success in the future. We are keen to select the people best qualified and most suited to any vacant role to join our team, whilst ensuring we fully comply with UK legal requirements and industry best practice.

We recognise that we have a responsibility to protect our customers, existing staff and any candidate to ensure that anyone who joins our team or anyone who is an existing member of our team, maintains the highest standards of behaviour both inside and outside of the workplace.

The nature of our business means that all jobs are carried out at customer’s homes, in schools or commercial premises. Often the work requires members of our team to enter the premises and/or work within the grounds of the home or premises and work unsupervised.

Our customers may include vulnerable adults, victims of crime or children left unsupervised in private homes, schools or commercial premises.  We have a duty to respect and protect their interests as well as those of our staff.

To help meet our regulatory and best practice requirements we undertake DBS checks for all new employees and all existing employees on an annual basis.

The checks may be carried online by our HR manager or via an authorised DBS specialist third party company. All checks and results are also fully compliant with current GDPR requirements.

Hydrocare Leisure Limited or any authorised DBS specialist provider we instruct fully complies with the DBS Code of Practice (click on this link for full details: code of practice ) and undertakes to treat all applicants for positions fairly.

James and Julie Phillpot

Directors Hydrocare Leisure Limited

Summary of Policy:

Hydrocare Leisure Limited DBS Check Policy is aligned with the recommendations contained in the GOV.UK website. This can be viewed by following this link: https://www.gov.uk/government/publications/dbs-sample-policy-on-the-recruitment-of-ex-offenders/sample-policy-on-the-recruitment-of-ex-offenders)

  • Hydrocare Leisure Limited is committed to the fair treatment of its staff, potential staff or users of its services, regardless of race, gender, religion, sexual orientation, responsibilities for dependants, age, physical/mental disability or offending background
  • Hydrocare Leisure Limited actively promotes 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
  • Hydrocare Leisure Limited select all candidates for interview based on their skills, qualifications and experience
  • At interview, or in a separate discussion, Hydrocare Leisure Limited ensures 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
  • Hydrocare Leisure Limited will only ask an individual to provide details of convictions and cautions that Hydrocare Leisure Limited are legally entitled to know about. Where a DBS certificate at either standard or enhanced level can legally be requested (where the position is one that is included in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 as amended, and where appropriate Police Act Regulations as amended)
  • Hydrocare Leisure Limited will only ask an individual about convictions and cautions that are not protected
  • An application for a criminal record check is only submitted to DBS after a discussion by the recruiting manager and the HR manager and they have agreed that one is both proportionate and relevant to the position concerned. The recruiting manager is responsible for making a file note of the discussion and decision made.
  • For those positions where a criminal record check is identified as necessary, all application forms, job adverts and recruitment briefs will contain a statement that an application for a DBS certificate will be submitted in the event of the individual being offered the position
  • Hydrocare Leisure Limited will provide a copy of this policy to all DBS applicants at the start of the recruitment process
  • An Offer of Employment will be subject to a DBS check (where the role demands one) and acceptance of the findings by a Director of the Company before employment can commence
  • Hydrocare Leisure Limited undertakes not to discriminate unfairly against any subject of a criminal record check on the basis of a conviction or other information revealed
  • Hydrocare Leisure Limited ensures that all those in Hydrocare Leisure Limited who are involved in the recruitment process have been suitably trained to identify and assess the relevance and circumstances of offences
  • Hydrocare Leisure Limited also ensures that they have received appropriate guidance and training in the relevant legislation relating to the employment of ex-offenders, e.g. the Rehabilitation of Offenders Act 1974
  • Hydrocare Leisure Limited makes every subject of a criminal record check submitted to DBS aware of the existence of the DBS Code of Practice (click here: code of practice) and makes a copy available on request
  • Hydrocare Leisure Limited undertakes to discuss any matter revealed on a DBS certificate with the individual seeking the position before withdrawing a conditional offer of employment
  • Hydrocare Leisure Limited undertakes to discuss any matter revealed on a DBS certificate for an existing member of staff identified during the annual DBS check process with the individual before making any decisions or recommendations concerning their continued employment in the Company
  • The Rehabilitation of Offenders Act provides protection for individuals and limits certain old or minor cautions or convictions from being disclosed. Further guidance and criteria can be found by clicking on this link filtering of old and minor cautions and convictions

GOVERNANCE

Hydrocare Leisure Limited commits to fulfilling their legal obligations as set out by all current legislation relating to background their Criminal Records Check Policy. This will include, but will not be limited to, the following:

  • the Rehabilitation of Offenders Act (1974)
  • the Health and Safety at Work Act (1974)
  • the Management of Health and Safety at Work Regulations (1999)
  • Immigration, Asylum and Nationality Act (2006)
  • General Data Protection Regulations (2016)

Company policies are communicated and made available to all staff and discussed at launch during team meetings. All staff have access to all Company Policies which are stored electronically (HERE).

All Company Policies are approved by the Directors of Hydrocare Leisure Limited. Each policy is reviewed at least annually to ensure that we respond to clients, business strategy, legislation and any standards or codes of practice determined by the market.

This policy must be strictly adhered to by every employee. Any breaches of this policy will be investigated and, where appropriate, disciplinary procedures will be applied.

Implementation of the Criminal Records Check Policy is the responsibility of the Human Resources Manager.

James and Julie Phillpot

Directors Hydrocare Leisure Limited

January 2021