Determine when the offence/conviction occurred.  Was it before an offer of employment? It is important to understand when a conviction took place in order to understand whether it should have been disclosed at an earlier point. Offences may take a long time to come to court and in the UK an individual is considered innocent until proven guilty and therefore may not have had a legal duty to disclose to you.

If so, did you ask about unspent convictions or impending prosecutions? Are you sure? Is it documented? Most employers do not ask about impending prosecutions. If you didn’t ask, there is no obligation on the part of the interviewee to disclose.

Update your disciplinary policy to include non-disclosure when asked - it may constitute an act of gross misconduct. Failing to disclose an unspent criminal conviction when asked is a criminal offence in its own right. However, you may decide to consider such instances on a case-by-case basis taking into account how you asked, the nature of the conviction and the time period that has elapsed.

Where an employee discloses a conviction during employment, consider the circumstances. Does it impact on their job? How long have they been employed with you? Are they a good worker who adds value? Deciding to proactively recruit ex-offenders is a conscious step but many employers already employ people who 1. have a spent conviction, 2. who were never asked at interview, or 3. have received a conviction since they joined the company. If an employee discloses such information to you, consider how you will handle the information, who needs to know, and does it have a material bearing on their employment with you. See: Train line managers to sensitively and confidently handle the induction of new starters with convictions

Do your policies require disclosure for a new conviction? Many employers do not have specific guidance for disclosure of convictions received subsequent to starting employment. In very serious cases the police may chose to notify you if an employee is arrested, especially if they deem it to be relevant to the nature of the employment but in most cases you will be dependent on the employee telling you themselves. This may be something you wish to add to your Ex-Offender Recruitment Policy to ensure that the requirement to disclose is clear and the means by which the disclosure should take place.

Train staff to interview the employee sensitively. Just because there is a conviction does not mean they suddenly cease to be a valued member of staff. Determine the circumstances surrounding the offence. Allow the employee to explain.

Document the interview and treat it as confidential. This is basic stuff but consider holding such senitive information separately from other more routine HR folders.