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Suitability of Ex-Offenders Policy

  1. Purpose and scope
    1. We want everybody to have an equal opportunity to join us and succeed at Kaplan and we will select people for employment on the basis of their individual qualifications, experience, skills, capabilities and behaviours. Having a criminal record will not necessarily bar an individual from working at Kaplan and we undertake not to discriminate unfairly against applicants on the basis of any criminal background.
    2. However, our approach towards employing ex-offenders will differ depending on whether the job is or is not exempt from the provisions of the Rehabilitation of Offenders Act 1974. This policy sets out our approach for roles within Kaplan Professional UK (KPUK).
    3. This policy is written in accordance with the code of practice published under section 122 of the Police Act 1997 which advises that it is a requirement that all registered bodies must treat Disclosure and Barring Service (DBS) and Disclosure Scotland applicants who have a criminal record fairly and not discriminate automatically because of a conviction or other information revealed.
    4. This policy is made available to all prospective job applicants on our company website kaplan.co.uk.
    5. Our Background Checks policy sets out our procedure in relation to Disclosure & Barring Service (DBS) checks.
  2. Jobs covered by the Rehabilitation of Offenders Act 1974
    1. Kaplan will not automatically refuse to employ a particular individual just because they have a previous criminal conviction.
    2. During the recruitment process, job applicants will be asked to disclose any unspent convictions, but Kaplan will not ask questions about spent convictions, nor expect applicants to disclose any spent convictions.
    3. If an applicant has a conviction that is not spent and if the nature of the offence is relevant to the job for which they have applied, Kaplan will review the individual circumstances of the case and may make a decision, at its discretion, to decline to select the individual for employment.
  3. Jobs that are exempt from the Rehabilitation of Offenders Act 1974
    1. If the role into which we are seeking to recruit is included in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 as amended or the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013, Kaplan will require the applicant to disclose all convictions, whether spent or unspent (other than where protected cautions and protected convictions do not need to be disclosed, depending on the job concerned).
    2. At interview, or in a separate discussion, we will conduct an open and measured discussion on the subject of any offences or other matter that might be relevant to the position. Where convictions are disclosed, Kaplan will ensure that consideration is given to the circumstances of the case before a decision to decline to select the individual for employment is made. Failure to reveal any information relevant to the position sought could lead to withdrawal of an offer of employment.
    3. A Disclosure and Barring Service (DBS) standard, enhanced or enhanced with DBS barred lists (as appropriate to the role)check is only requested after a thorough risk assessment has indicated that one is both proportionate and relevant to the position concerned.
    4. Kaplan complies fully with the DBS Code of Practice and where a DBS check is a condition of employment, Kaplan will make this clear in relevant adverts, job descriptions and or additional vacancy information and will also ensure individuals are aware of the existence of the DBS Code of Practice.
    5. Where information is revealed on a DBS certificate, Kaplan will seek to discuss the matter with the individual seeking the position before withdrawing a conditional offer of employment.
    6. Kaplan ensures that those in Kaplan who are involved in recruitment decisions related to individuals with criminal convictions have been suitably trained to identify and assess the relevance and circumstances of offences and understand the relevant legislation e.g. the Rehabilitation of Offenders Act 1974.
  4. Policy review and contacts
    1. If you have any questions about this policy, your line manager or the HR Operations team (kpuk-hrops@kaplan.co.uk) can help.
    2. Our policies are reviewed and (if required) updated at least every two years in line with legal obligations, business objectives, and operational needs. We will notify staff of some key changes, but it is not practical to notify of every change that occurs so it is everyone’s responsibility to keep themselves up to date with the current versions of policies as made available via our intranet. Please revisit employment policies at regular intervals, and refer to specific relevant policies when the need arises.

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