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Minor crimes need not be disclosed by job applicants, Supreme Court rules

Job applicants do not need to disclose minor crimes as part of background checks, the Supreme Court has ruled.

 

Being forced to reveal information relating to minor crimes is a breach of the human rights of job applicants, the court has said.

 

The ruling came in relation to the case of an unnamed job applicant who was not given a position at a football club or at a university as a result of the theft of a bike which took place when he was 11.

 

The man took his case to the Court of Appeal, who found in his favour and the latest Supreme Court ruling agrees with the Court of Appeal. As a result, the decision will now apply to all job applicants in the UK.

 

Supreme Court judges confirmed that asking candidates to disclose details of minor offences was “not based on any rational assessment of risk”.

Neil Tune, HR director at Fitness First, welcomed the ruling, telling HR Magazine: “If someone stole a bike when they were 11 is it realistically going to affect their ability to perform the job effectively?

 

“Also for other judgements, such as CCJs, it may be the case someone got in trouble due to difficult circumstances at one stage in their life. It doesn’t make sense to rule people out hands-down for these things.”

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