See Create a risk management framework based on role categories and required checks

Determine whether the role is a regulated activity or not. Regulated activity is defined in law and is usually activity associated with working closely with children and/or vulnerable adults on behalf of another body or agency. These roles will require an Enhanced DBS check (with Barred list check) to consider “spent” and “unspent” convictions. See: DH Title (publishing.service.gov.uk) and Department for Education (publishing.service.gov.uk)

If the role involves regulated activity, discuss conviction with candidate. It is a criminal offence for anyone who is barred from working with children or vulnerable adults to even apply for roles involving regulated activity working with the category of person they are barred from. It is also an offence for an employer to employ someone in regulated activity if it involves working with people they are barred from contact with. See guidance here: DBS guidance leaflets - GOV.UK (www.gov.uk)

However, not everyone will be aware that they have been added to a barred list and sometimes a person who is NOT on a barred list may be considered by the DBS for barring based on their application for such a role. This may therefore need sensitive handling in your discussion with a candidate as an application for an Enhanced DBS may lead to the DBS deciding to start the process of adding them to the relevant list.

If role is inappropriate, consider whether there are other non-regulated roles which may be appropriate. Because the legal definition of what is and is not “regulated activity” is quite tightly drawn it may be possible that you have a similar role which is not within the definition of “regulated activity” that a candidate may suit. It may suit both you and the candidate to consider them for such a role.

What is the risk to reputation, candidate and other employees if any?  There tends to be a default to “safety first” in many organisations but our guide demonstrates that if proper risk assessment and risk management is undertaken then you and your candidate should be able to weather any short-term squalls that may arise from employing someone with a conviction. It may even be possible to turn the narrative around so that you are seen as a socially responsible employer for giving ex-offenders a second chance. See Define a process for handling the discovery of a colleague's conviction by others