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        • Disclosure

Disclosure

As a public body, Scottish Enterprise takes very seriously its role in protecting its vulnerable clients and the integrity of the organisation in delivering its wide range of services. It also recognises that a criminal record does not automatically render a person unsuitable to work for Scottish Enterprise.

Our disclosure policy has been designed to:

• tackle the issue of disclosure of criminal records; and
• lay out the principles to be adopted and the measures proposed to deal with criminal record checks.

The policy covers anyone who acts on behalf or represents the organisation in any capacity including:

• all staff;
• volunteers;
• consultants; and
• contracted individuals.

In meeting its obligations, Scottish Enterprise also reserves the right to insist that other partner organisations confirm that they have adopted a similar stringent approach to policy on this matter.

The primary aim of this policy is to protect our vulnerable clients including children, young people under the age of 18, the elderly, sick and disabled.

Code of Practice

Our disclosure policy follows the Code of Practice published by the Scottish Ministers under Section 122(1) of the Police Act 1997 in connection with the use of information provided to registered persons by Disclosure Scotland under Part V of the Act.

Discrimination

Scottish Enterprise intends to establish and maintain a culture which recognises and rewards individual achievement and merit regardless of age, colour, disability, ethnic or national origin, gender, marital status, religion or sexual orientation.

All staff must have the opportunity to achieve their full potential in their own career and their contribution to the work of Scottish Enterprise.

We believe that it is in the organisation's best interest to consider all of the talents and skills available in the wider community when employment opportunities arise. Therefore, we are committed to achieving and maintaining a workforce which broadly reflects the communities in which we operate, within the framework of the law.

Every possible step will be taken to ensure that individuals are treated equally and fairly, and that decisions on recruitment, selection, training, personal development and promotion are based solely on objective and job-related criteria.

Access to Criminal Records

Disclosure Scotland is the body currently entrusted with managing the register and providing information on Criminal Records to registered bodies. Scottish Enterprise is registered with this organisation.

The information provided is defined by the status of the Disclosure:

Basic

A Basic Disclosure will contain details of convictions considered unspent under the Rehabilitation of Offenders Act 1974. They relate to convictions held on central records but will not include convictions which are spent in terms of the Rehabilitation of Offenders Act 1974. They will be available to anyone for any purpose, on payment of an appropriate fee. This type of Disclosure will be issued only to the applicant. It will not be job-specific and may be used more than once.

Standard

The intermediate level of Disclosure is the Standard Disclosure. This again relates to convictions held on central records but will also include spent convictions. This means that even minor convictions, perhaps dating from years ago, will be included on the Disclosure. The Standard Disclosure will be available on payment of the appropriate fee, subject to its being first countersigned by a registered person (usually the potential employer or voluntary organisation). The main categories of occupations etc for which a Standard Disclosure may be required will be

• those involving regular contact with those under 18, the elderly, sick and handicapped;
• those checked in the interests of national security;
• those involved in the administration of law;
• firearms; explosives and gaming licences;
• professional groups in health, pharmacy and law;  and
• senior managers in banking and financial services.

A Standard Disclosure will be sent to the applicant, and a copy sent to the relevant registered body.

Enhanced

In addition to the details included in Standard Disclosures, Enhanced Disclosures may contain information which a Chief Constable may choose to disclose, which he feels is relevant to the job or voluntary work sought. This type of Disclosure will be available to -

• those who apply for work that regularly involves caring for, training, supervision or being in sole charge of those aged under 18 or vulnerable adults;
• applicants for various gaming and lottery licences; those seeking judicial appointment;
• applicants for registration for child minding, day care and to act as foster parents or carers.

For more information visit the Disclosure Scotland website.

Scottish Enterprise will only access information of the nature governed by the above Code of Practice for individuals who are placed by the organisation in a position of trust in relation to vulnerable clients or whose role involves a fiduciary duty.

In terms of the nature of our services and our current identifiable vulnerable client group, we will request a Standard Disclosure. We will only request an Enhanced Disclosure where there is considered to be a significant proportionate risk in a specific position. This will be based on a risk assessment of that position conducted by local management in conjunction with Human Resources (HR), having due regard to the definition for such a disclosure as laid out above.

Recruitment process

Where a Disclosure is deemed necessary for a post or position, job adverts, recruitment literature, website, and any other appropriate material will contain a statement that a Disclosure will be requested in the event of the individual being offered the position.

Where a Disclosure is to form part of the recruitment process, Scottish Enterprise will encourage all applicants selected for interview to provide details of their criminal record at an early stage in the application process. We ask that this information be sent under separate, confidential cover, to a designated person within the HR function, and we guarantee that this information will only be seen by those who need to see it as part of the recruitment process. This will be conducted under the terms of the Rehabilitation of Offenders Act 1974.

At this stage of the process we will only ask about convictions which are defined as "unspent" in terms of that Act, unless the nature of the position is such that we are entitled to ask questions about an individual's entire criminal record. If the latter is the case we will declare the post exempt.

Interview

At interview, or under separate discussion, we undertake to ensure an open and measured discussion on the subject of any criminal offences or other matters that might be considered relevant for the position concerned. Failure to reveal information at this stage by an applicant that is directly relevant to the position sought, spent or otherwise, will preclude an individual from an offer of employment.

Offer of employment

Offers of employment in posts which are deemed to be of risk will be subject to Scottish Enterprise receiving the consent to obtain the relevant Disclosure. Where an applicant indicates that they will withhold consent then no job offer will be considered.

Matters revealed in Standard or Enhanced Disclosure

We undertake to discuss any matter revealed in a Disclosure with the subject of that Disclosure before considering an offer of employment.

Where the matter revealed is one which in the determination of Scottish Enterprise represents a risk to our vulnerable client groups then no job offer will be made.

Where the above applies and a job offer has already been made then the contract of employment will be terminated.

We ensure that all those in Scottish Enterprise who are involved in the recruitment process have been suitably trained to identify and assess the relevance and circumstances of offences. We also ensure that they have received appropriate guidance and training in the relevant legislation relating to employment of ex-offenders (such as the Rehabilitation of Offenders Act 1974).

We undertake to make every subject of a Disclosure aware of the existence of the Code of Practice, and to make a copy available on request.

Where the requirement for a disclosure applies, no individual will take up any position with Scottish Enterprise until that disclosure has been completed and assessed.

Current staff

The nature of the business and respective client groups within Scottish Enterprise are continually changing. Consequently, we will conduct criminal record checks on existing staff and act on this information in order to ensure we meet our commitment to our vulnerable client groups.

This policy provides that at any time subject to due consultation with the trade unions and identified staff groups, Scottish Enterprise will conduct criminal record checks on identified individuals who are deemed to be operating in risk roles.

Matters revealed in Standard or Enhanced Disclosure

We undertake to discuss any matter revealed in a Disclosure with the member of staff and their chosen representative if they so wish.

Where the matter revealed is one which in the determination of Scottish Enterprise represents a risk to our vulnerable client groups then we will initially consider if this is a matter to be considered under the organisation’s disciplinary procedure. This will largely be dependent on the merits of any individual case and will take account of the nature of the offence and any evident dishonesty on the part of the employee.

If the matter is determined not to be one requiring a formal disciplinary investigation then alternative methods to resolving the matter including re-deployment, restricted remit should be considered where viable.

Disclosure information

We use Disclosure information only for the purpose for which it has been provided. The information provided by an individual for a position within Scottish Enterprise is not used or disclosed in a manner incompatible with the purpose of recruitment or determining the individual’s continuing suitability in a position identified as a risk. We process personal data only with the express consent of the individual. We notify the individual of any non-obvious use of the data, including further disclosure to a third party, identifying the Data Controller, the purpose for the processing, and any further relevant information.

Handling

We recognise that, under section 124 of the Police Act 1997, it is a criminal offence to disclose Disclosure information to any unauthorised person. We, therefore, only pass Disclosure information to those who are authorised to see it in the course of their duties. We will meet our requirements in terms of any relevant legislation applicable to the process of Disclosure.

Access and storage

We do not keep Disclosure information on an individual's personnel file. It is kept securely, in lockable, non-portable storage containers. Access to storage units is strictly controlled to authorised and named individuals, who are entitled to see such information in the course of their duties.

Retention

We do not keep Disclosures or Disclosure information for any longer than is required after a recruitment (or any other relevant) decision has been taken. In general, this is no longer than six months. This is to allow for the resolution of any disputes or complaints. Disclosure information will only be retained for longer than this period in exceptional circumstances, and in consultation with Disclosure Scotland. The same conditions relating to secure storage and access will apply during any such period.

Disposal

Once the retention period has elapsed, we will ensure that Disclosure information is immediately destroyed in a secure manner, such as shredding, pulping or burning. We will not keep Disclosure information which is awaiting destruction in any insecure receptacle (such as a waste bin or confidential waste sack). We will not retain any image or photocopy or any other form of the Disclosure information. We will, however, keep a record of the date of issue of the Disclosure, the name of the subject, the Disclosure type, the position for which the Disclosure was requested, the unique reference number of the Disclosure and details of the recruitment or relative employment decision taken.

HAVING A CRIMINAL RECORD WILL NOT NECESSARILY DEBAR AN INDIVIDUAL FROM WORKING WITH SCOTTISH ENTERPRISE. THIS WILL DEPEND ON THE NATURE OF THE POSITION, TOGETHER WITH THE CIRCUMSTANCES AND BACKGROUND OF OFFENCES.