Job seekers need not declare criminal convictions

By JAMIE GRIERSON
Published on 29/01/2013 21:36

THE law which requires job applicants to disclose all previous criminal convictions to certain employers is a breach of human rights, the UK Court of Appeal has ruled.

The declaration of incompatibility granted by three judges headed by the Master of the Rolls, Lord Dyson, was hailed as a victory for common sense by civil liberties campaigners.

But, the Home Office said: “The protection of children and vulnerable groups must not be compromised.

“We are disappointed by this judgment and are seeking leave to appeal to the Supreme Court.”

The judges said that neither the disclosure provisions of the Police Act 1997 nor those of an order made pursuant to the Rehabilitation of Offenders Act 1974 were compatible with Article 8, which relates to private and family life.

They said it would be for parliament to devise a “proportionate” scheme.

Falklands veteran Simon Weston, who withdrew from a police commissioner election because he had broken the law at 14, has welcomed the Court of Appeal ruling.

Mr Weston, who was fined as a teenager for being a passenger in a stolen car, said the current legislation would lead to “so many good people” being written off and was pleased that “legal minds agree”.

He said: “I told the truth, then I was getting hounded by one or two people telling me I definitely can’t stand. It was when I was 14, I’m 51 now. How long must this mistake haunt my life?”

Liberty’s legal officer, Corinna Ferguson, said: “This sensible judgment requires the government to introduce a more nuanced system for disclosing this type of sensitive personal data to employers.

“For too long irrelevant and unreliable information has blighted people’s lives. We hope that long overdue reforms – balancing public protection with privacy rights – will be forthcoming.”