A blog by Mark Sugden, Director of Business Development at GBG on the upcoming changes at Disclosure Scotland in 2018 and how you can prepare.
From 1 January 2018 Disclosure Scotland will no longer provide Basic Disclosure checks for customers in England and Wales. Customers in England and Wales will obtain their Basic Disclosure through DBS (Disclosure and Barring Service).
A Basic Disclosure is a criminal record check that reports on a person’s current convictions. It can be requested by individuals (or third parties with their explicit consent) and used for any purpose such as employment, online dating or registering to be a baby sitter.
A Basic Disclosure is compliant under Section 56 of the Data Protection Act. (Note - it is a criminal offence to require an individual to exercise their subject access rights to gain access to information about their convictions and cautions and provide that information to a person.)
The Basic Disclosure is the established lawful process for requesting a criminal record check for non-regulated posts. You can find the DBS eligibility guidance here.
So what’s changing?
Disclosure Scotland has processed England and Wales Basic Disclosure checks under a delegation which will end on 1 January 2018. A temporary arrangement that has been in place over 14 years!
Employers checking candidates using the Basic Disclosure are required to ensure they process a criminal record check through the appropriate body – Disclosure Scotland or DBS.
This is because each organisation will be applying different rules on what is considered a spent conviction. A conviction is quicker-spent in England and Wales than it is in Scotland, Northern Ireland or the Channel Islands. Therefore if you obtain a Basic Disclosure in Scotland, for a job role in England, you might receive information you are not entitled to see. This can be considered a breach of the Data Protection Act 1998, and also the forthcoming GDPR, which could result in action being taken by the Information Commissioner (ICO) or the individuals themselves.
For example a Basic Disclosure check obtained in Scotland, would always reveal a conviction if there was a custodial sentence of 30 months or more. Whereas a custodial sentence of 30 – 48 months would be considered spent after 7 years, in England and Wales.
How to prepare?
Consider which roles in your organisation will be checked using Basic Disclosure.
Identify which roles will be based in England and Wales; and those in Scotland, Northern Ireland and Channel Islands.
Ensure the check is processed using the correct Government body to process the check.
How can GBG help?
GBG’s online criminal record check service can support organisations to process criminal record checks throughout Scotland, England and Wales. One system can manage all checks, and help your organisation remain compliant.
Find out more how GBG KnowYourPeople can help, get in touch at email@example.com
Rawan Mohamed, a British-Muslim of Sudanese heritage. "Grew up insecure about her name," She says the best way she found to manage it was to change it.
The 22-year-old from Manchester, who has just graduated from Leeds University, says the success of her job applications more than doubled since she changed her name to Rowan as a teenager.
"I think it confuses people," she says. "Interviewers usually think I'm mixed-race or Irish and don't expect to see a young black girl walk through the door."
"Sometimes they even expect a man to show up," she adds, highlighting that this name is unisex.
Research carried out by academics based at Oxford University suggests that her concerns may be right.
British citizens from ethnic minority backgrounds have to send, on average, 60% more job applications to get a positive response from employers compared to their white counterparts,
They sent around 3,200 fake job applications for both manual and non-manual jobs - including chefs, shop assistants, accountants and software engineers - in response to adverts on a popular recruitment site between November 2016 and December 2017.
All of the fictitious candidates were British citizens, or had moved to the UK by the age of six, and had identical CVs, covering letters and years of experience.
While 24% of white British applicants received a call back from UK employers, only 15% of ethnic minority applicants did.
Compared to White British applicants, people of:
Dr Valentina Di Stasio, co-author and an assistant professor at Utrecht University in the Netherlands, says the "shocking" results show that the level of discrimination in the UK job market has not changed since the late 1960s.
"Because all of the minority applicants in our experiment were either British-born or had been British-educated from a young age, concerns about poor English language can't explain the large gaps in call-backs from employers," she says.
"It suggests that employers may simply read no further as soon as they see a Middle Eastern-sounding or African-sounding name."
Prof Anthony Heath, the director of the CSI and emeritus fellow of Nuffield College, said: "The absence of any real decline in discrimination against black British and people of Pakistani background is a disturbing finding, which calls into question the effectiveness of previous policies.
"Ethnic inequality remains a burning injustice and there needs to be a radical rethink about how to tackle it."
An Old Boy's Network'
Miriam Animashaun, 24, from London agrees.She graduated from Southampton University in 2016 with a 2:1 degree in Economics and Philosophy but it took her more than a year to secure a job, despite having completed a placement at an international consulting firm in Sydney during her studies.
Most of the students on her course had been offered jobs before graduation.
"I was sending on average around 35 applications before I'd even get an interview," she says. "I very nearly changed my Nigerian surname."
She now works as a trainee insurance auditor and says the sector is still very much like "an old-boy's network".
"They look at our names and think about who would fit in," she explains.
"Most of the socialising in the industry revolves around drinking and this culture excludes people from Muslim backgrounds."
Dr Zubaida Haque, the deputy director of the race equality think tank Runnymede Trust, said the research was the "most conclusive evidence that overt racial discrimination still exists".
"Nowadays a lot of the conversation is about unconscious bias, but this shows that no matter your degree or education, you are still perceived and treated by the colour of your skin, religion and ethnicity, and not by what you can do," she told the BBC.
Last month the Resolution Foundation found that, overall, the 1.9m black, Asian and minority ethnic workers in the UK are paid about £3.2bn less than their white counterparts every year.
Culled from https://www.bbc.co.uk/news/uk-46927417