Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Criminal recordsRace discriminationEx-offenders

Lammy review: Criminal records could be ‘sealed’ from employers

by Rob Moss 8 Sep 2017
by Rob Moss 8 Sep 2017 David Lammy MP led the 18-month review
Ken McKay/ITV/REX/Shutterstock
David Lammy MP led the 18-month review
Ken McKay/ITV/REX/Shutterstock

Individuals’ criminal records could be sealed from employers as part of a series of recommendations made in an independent review of the treatment of black, Asian and minority ethnic (BAME) individuals in the criminal justice system.

David Lammy MP, who led the review, argues that the UK should learn from the US system for ‘sealing’ criminal records, whereby ex-offenders can have their case heard by a judge, or an independent body such as a parole board, where they could prove they have reformed.

Criminal record checks

Criminal record checks: filtering process breaches human rights laws 

Policy on recruitment of ex-offenders

A judgment would then be made to decide if the criminal record should be ‘sealed’, having considered factors such as time since the offence and evidence of rehabilitation.

If the decision goes the applicant’s way, their criminal record would still exist, but the ex-offender would not need to disclose it and employers would not be able to access it.

“A job is the foundation of a law-abiding life and the key to reform for any offender,” said Lammy. “Our criminal records regime must protect the public, but it is having the opposite effect and trapping offenders in their past.

“We need a more flexible approach which recognises when people no longer pose a risk to society and gives a chance to start afresh.”

The review recommends that there should be a presumption to look favourably on those who committed crimes either as children or young adults but can demonstrate that they have changed since their conviction.

Christopher Stacey, co-director of Unlock, a charity that help ex-offenders deal with the stigma of convictions, said: “The [current criminal records disclosure regime] unnecessarily anchors people to their past, locks them out of the labour market and has a considerable financial cost to society through out-of-work benefits. The regime is in desperate need of reform.

He added: “There is evidence from overseas that this approach works, and it would help to address the injustice that many people face as a result of what are currently arbitrary fixed rules that take no account of the positive steps people have taken since their criminal record.”

Over the past five years 127,000 children, including 22,000 BAME, have had their names added to the national police computer database. These, say the review, cover a wide range of offences, including minor offences, involving a police caution or reprimand.

Business in the Community runs the national campaign Ban the Box which encourages employers to remove questions about criminal convictions from the job application process.

Nicola Inge, its campaign manager, said: “Research shows that more than half of employers would not consider hiring an ex-offender. And yet having a job can reduce an individual’s chances of re-offending by up to 50% – saving society up to £15 billion a year.”

But she added: “Sealing some criminal records will not go far enough. Research we conducted earlier this year highlighted legal concerns that employers could be falling foul of indirect discrimination laws if they are not assessing candidates with convictions fairly.”

Rob Moss
Rob Moss

Rob Moss is a business journalist with more than 25 years' experience. He has been editor of Personnel Today since 2010. He joined the publication in 2006 as online editor of the award-winning website. He specialises in labour market economics, gender diversity and family-friendly working. He has hosted hundreds of webinar and podcasts, most recently on the challenges created by the coronavirus pandemic. Before writing about HR and employment he ran news and feature desks on publications serving the global optical and eyewear market, the UK electrical industry, and energy markets in Asia and the Middle East.

previous post
Women on maternity leave denied training opportunities
next post
Finance Bill introduces previously withdrawn tax changes

Leave a Comment Cancel Reply

Save my name, email, and website in this browser for the next time I comment.

You may also like

Wording of diversity statements critical to policies’ success

10 Jun 2022

Monkeypox advice for employers: working from home and...

26 May 2022

Aspers casino cashier excluded by colleagues wins £75k...

23 May 2022

EHRC’s legal fund for tackling race discrimination: what...

21 Apr 2022

Record ethnic diversity in NHS, but barriers to...

8 Apr 2022

P&O Ferries chef launches unfair dismissal and discrimination...

6 Apr 2022

Police forces must develop black talent, says racism...

22 Mar 2022

Serial claimant banned after ‘weaponising’ employment tribunal system

11 Mar 2022

Employment advisory boards for ex-offenders launched across HM...

3 Mar 2022

Is the law confusing around positive action and...

25 Feb 2022
  • The ultimate guide to payroll for small businesses PROMOTED | You’ve started a business that has expanded to the point of requiring more staff to meet demand. Congratulations!...Read more
  • NSPCC revamps its learning strategy with child wellbeing at its heart PROMOTED | The NSPCC’s mission is to prevent abuse and neglect...Read more
  • Diversity versus inclusion: Why the difference matters PROMOTED | It’s possible for an environment to be diverse, but not inclusive...Read more
  • Five steps for organisations across the globe to become more skills-driven PROMOTED | The shift in the world of work has been felt across the globe...Read more
  • The future of workforce development PROMOTED | Northumbria University and partners share insight...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+