A new law aims to help those who have committed less serious crimes to find a job once they have reformed their lives, following a change to the Data Protection Act.
From this week, employers cannot make job applicants reveal their spent convictions because doing so will be committing a criminal offence.
Under existing laws, those seeking employment who had been sentenced to periods of four years or less in prison, and did not offend again, were not required to disclose their criminal past.
However, some potential employers still tried to obtain the information by requiring job applicants to make, and present them with, a personal request under the Data Protection Act, which enabled them to obtain personal data regarding to a prospective employee.
Along with other employment sectors, there has been evidence of the practice among businesses seeking to employ bouncers and door staff in nightclubs.
The new law has been made to put an end to such practices, in order to help in the rehabilitation of those offenders who have committed less serious crimes.
Simon Hughes, the Justice Minister, said: “It is vital that people with a conviction should be given every opportunity to reintegrate into society after serving their sentence and putting their offending behaviour behind them.
“For too long some people who may have had a minor conviction many years before face an unfair struggle to get a job and rebuild their lives.
“Finding a job can be a crucial step in the rehabilitation process.”
The Rehabilitation of Offenders Act must be adhered to by all employers and any potential employer who ignores the rules, by asking an applicant to carry out a data search, could be served with a fine of up to £5,000 in a magistrates’ court or an unlimited monetary penalty in a crown court.
However, despite the changes to Section 56 of the Data Protection Act, those convicted of more serious offences will still have to declare previous convictions to potential employers.