Can employers refuse to work with a sex offender?

What is the Sex Offender Register (SOR)?

The sex offender registry is a register containing details of all convicted sex offenders. This includes offenders who commit sexual offences on the internet.

These individuals will have either been given a:

• A custodial sentence with a prison sentence of 30 months or more. Offenders are on the SOR indefinitely with this sentence.
• A custodial sentence of more than six months but fewer than 30 months. The person concerned will be on the SOR for ten years.
• A custodial sentence of six months or fewer results in seven years on the SOR.
• Outcomes such as a community order or fine result in five years on the SOR.
• A caution results in two years.
• A conditional discharge. This is where the court decides that punishment is not appropriate, but the offender’s crime is put on their criminal record.

This could be due to the nature of the crime and the character of the offender.

No further action is taken. Unless they commit more offences within a time period decided by the court. However, this period can be no more than three years.

What is the Sexual Offences Act?

The offenders’ act is defined as, the act to make new provisions about sexual offences, their prevention and the protection of children from harm from other sexual acts, and for connected purposes.

When the person concerned is convicted of a sex crime, the courts will notify the police within three days of the conviction or prison release.

Sex offenders by law must register with their local police under this act within those three days. If they do not register, then they are charged with another criminal offence.

Do sex offenders need to reveal their offences to employers?

As an employer, if a DBS check isn’t needed for a new employee’s job role, then a sex offender does not have to disclose any spent convictions.

Employees with unspent convictions must disclose any sexual offences when you ask them. The employee must legally tell you.

Some employers will be notified by the police as registered sex offenders on a confidential basis. Some of these professionals include:

• Headteachers.
• Doctors.
• Youth leaders.
• Sports club managers.
• Landlords.

Anyone convicted as a sex offender cannot work with children or vulnerable adults.

What are the employment laws for sex offenders in the UK?

Employment laws will differ depending on if the employee or prospective employee is a registered sex offender. Another factor is what employment the offender is in and if they would pose a risk to children.

If a person’s crime is spent, employers can’t refuse to hire someone because of a spent conviction. You could dismiss them.

For unspent convictions depending on an offender’s occupation, returning to their job may prove problematic.

If your employee works with children or vulnerable adults, then returning to this type of work with an unspent conviction may be difficult.

Some offenders will be put on the children and/or adult barred list. If they are on the list, they will be breaking the law by applying for or working in these types of job roles.

Where can sex offenders work and not work?

If an offender’s convictions are spent and the job role is not exempt from the Rehabilitation Act, then past sex offenders can work in many roles. Most employers with jobs covered by the Act will only ask for ‘unspent’ convictions.

As an employer, you cannot ask legally to ask for spent convictions if the job role only needs a basic DBS disclosure check.

For unspent crimes, some sex offenders find that self-employment, where they do not work with children and vulnerable adults, is the best option for work.

If you’re an employer where the convicted employee has to work with children and vulnerable adults, it’s worth telling them about the organisation Circles UK.

Circles provide support and guidance to convicted sex offenders, encouraging social reintegration into the community.

If it’s likely that the employee can no longer work for you. Then this is the next step to take.

What can you do when your employees refuse to work with a sex offender?

Many employees dislike working in the same company as convicted sex offenders. It can make the working environment uncomfortable.

If an employee is refusing to work with a staff member who legally can work in the job role, there are some things you could do. For example, you could move the employee to a different role within the company or change the rota if possible.

However, if the employee is refusing to work with a staff member who has been harmed by the employee through work. And you as the employer did not run proper background checks for the job role. Then the harmed employee could state negligent hiring.

What is negligent hiring?

By law, as an employer, you have a duty of care to your employees and to enforce a safe working environment.

Negligent hiring comes under employer negligence. Employers must make employees fully aware of any risks that may be present in the workplace, by carrying out regular risk assessments and checks.

You could be deemed negligent if you hired someone without carrying out the appropriate background checks needed for the profession.

If an employee has injured or harmed a customer, co-worker, or any other individual at work, and it was found that the employee had an unspent sexual offence, the person harmed could claim negligence. These claims would be criminal-related and not employment-related.

How can you sack an employee with a sexual offence criminal record?

Employers must consider the effect of the crime on the employee’s suitability to do their job. This includes the relationship they have with you, their colleagues and customers.

You will need to think about the manner of the sex crime, the employee’s job role, what contact the offender has with other employees and/or the public, and the employee’s rank.

If there is no harmful impact on their suitability for the job, then the employee can continue their employment.

Certain sex offences will impact the employee’s suitability—for example, a teacher convicted of child pornography offences.

Reputation damage might be a relevant way to dismiss an employee. However, employers can’t make unproven claims simply because an employee has been charged or convicted.

However, you could dismiss for reputational damage. For example, you would need to prove that customers are withdrawing contracts or refusing to work with them because of the offence. This only applies to employees that have two years or more of service.

What is a fair dismissal for sexual offenders?

Most sexual offence cases are likely to be serious. As long as employers follow a fair process when dismissing them.

You must comply with fair procedures. Such as giving the employee the chance to state their case and taking into account any mitigating circumstances.

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