Recruitment Process Guidance for Hiring Managers

All staff supporting any element of the recruitment process must have completed the NHSGGC mandatory module GGC: 004 Equality and Human Rights. The course is delivered through LearnPro and can be undertaken at any time.  Once the course is completed, your training is valid for three years. However, staff are encouraged to review the content periodically to ensure they remain up to date with the latest changes within equality and human rights.

In addition to the above requirement, all staff assuming the role of a Hiring Manager, Chairperson, or equivalent, must have completed the NHSGGC Recruitment and Selection (People Management) training modules:

Part 1- Equality and Bias training

Part 2- The Recruitment process

Your vacancy will be advertised on receipt of the following:

• Fully completed and approved NHS GGC Vacancy Request Form (VRF). The completion and authorisation guide can be found here: Managers Guidance. The VRF must include the Advert text (including closing date and any specified instructions e.g. date of interviews )
• Job Description (.DOC or .DOCX format)
• Person Specification (not required for Medical Posts)
• Any other documents to be included in the Candidate Information Pack 

Submit your documentation to recruitment.vacancies@ggc.scot.nhs.uk

On receipt of your vacancy request, Recruitment will start processing your request. Requests are processed on a first come-first served basis.

Important information

Everyone involved in the recruitment selection process must complete GGC:004 Equality and Human Rights via LearnPro and the NHSGGC Recruitment and Selection (People Management) training module.

Local Vacancy Approval/Authorisations processes/arrangements may exist in different services e.g. General Manager, Head of Service/Sector/Directorate Directors/Chief Officers/Chiefs of Medicine may wish to approve the post first – find out what is in place for your service/department otherwise this could delay getting the recruitment process started.

The Job Description describes the objective and purpose of the job in a clear manner but also outlines the key tasks and duties of the post. It provides the job applicant information on what the job involves, what they would be doing, and where the job sits in the organisational structure of the department or service.

The Person Specification (not required for medical posts) details what knowledge and skills, personal qualities and additional requirements are required to do the job and to what standard. When compiling the job specification, the hiring manager should specify which aspects of the criteria are essential or desirable. This will help at the shortlisting and interview stage to support which candidates are selected.

The Hiring Manager must ensure that the Job Description is in the correct format, is up to date, reflective of the needs of the service/department, that the criteria for selection are objective, measurable, job related, clearly defined and justifiable. Person Specifications must be drawn up using the template and guidance provided.

The Applicant tracking system that NHS Scotland uses is Jobtrain. Specifically for Agenda for Change (AFC) posts, all selection activities are processed and recorded on this system and is primarily facilitated by completing relevant electronic forms and updating the candidate application status. If you do not have an account yet, please contact Recruitment.

Filter questions or additional assessment questions can be added on the application form to manage the applications volume and assist with the selection process. If you wish to add these on your advert, please send your request together with your advertising paperwork.

Additional information can be accessed regarding Job Evaluation

Content of the Advert

We should maximise the opportunity to attract and recruit the very best candidates available in the job market.

All adverts  should  contain  a summary  of the  role being  advertised, information  about  the minimum skills needed for the  role, grade specific entry requirements, necessary membership of professional bodies, and  information about the  department. Additional information is also useful, such as the  team  structure, the  support that they will have, educational opportunities, and what support will they be required to give. 

If the  information  in the  advert  is  correct, applicants  will  know  by  reading the advert  whether  they  have the  skills and qualifications  to apply  for the  position.

Advertising

All posts are advertised on the NHS Scotland Vacancy site. Our standard advert time is 2 weeks but this can be amended for high response positions or for professional journals with monthly publications.

Selecting your Candidate

This is the most crucial stage of the recruitment process. As the hiring or line manager for the post, your aim is to ensure that the most appropriate selection methods are used to enable the best candidate for your job to be identified. 

We need to ensure our selection processes encourage diversity and comply with best practice and appropriate NHSGGC policies and employment legislation.

Recruitment process key tips 

Shortlisting your applications

Shortlisting includes updating the Shortlisting form with the comments and scores, updating the candidate status as per the outcome, as well as updating the Calendar event template for the interview. This are all done on Jobtrain.

Medical & Dental posts:  the shortlisting information will be forwarded via email to the interview panel members. When shortlisting it is essential that prospective candidates meet the minimum entry requirements and hold the appropriate specialist registration for the post.

For all posts, candidates must be shortlisted, objectively and consistently, against the essential and desirable criteria outlined in the Job Description/Person Specification/ for the post.

It is the hiring manager’s responsibility to ensure that those involved in the shortlisting and interviewing process are aware of their responsibilities and have the appropriate level of competence to participate in recruitment and selection activity.

NHS Greater Glasgow and Clyde participates in 2 schemes aimed at supporting the employment and career development of disabled people :

• Disability Confident scheme
• NHS Scotland‘s Job Interview Guarantee (JIG) scheme.

What is Disability Confident?

Disability Confident is a government scheme that promotes the benefits to businesses of recruiting and retaining people with disabilities. The scheme offers advice and support to employers, enabling them to actively seek, hire and retain disabled people. Organisations’ complete a Disability Confident self-assessment, agree to undertake all of the core actions to be a Disability employer, and offer at least one activity to attract and retain disabled staff.

In February 2017, NHS Greater Glasgow & Clyde (NHSGGC) became accredited as a Disability Confident Employer under the Department of Work and Pensions (DWP) Disability Confident Scheme.

The Disability Confident accreditation means that, as an employer, the Board is proactive in ways to recruit disabled people, and also have mechanisms in place ensuring that people with disabilities and long term health conditions feel supported, engaged and able to fulfil their potential in the workplace.

What is the NHS Scotland Job Interview Guarantee Scheme?

NHS Scotland operates a Job Interview Guarantee (JIG) scheme, which means that if a candidate declares a disability, and meets all the essential criteria outlined within the Person Specification for the post, then they will be guaranteed an interview. 

Interviewing your candidates  

Evidence shows that effective recruitment decisions are more likely when a range of selection methods are used in addition to interview questions. Evidence about a persons suitability for a post can also be gathered by including for example presentations, ability testing, work based scenarios etc.  Guidance on what you can include in the selection process can be obtained by contacting the Recruitment Service.

The Recruitment Service will be responsible for sending out the invitation to interview to shortlisted candidates.

It is good practice to give candidates invited to for interview at least 10 calendar days prior to the interview date.

An Interview Panel should consist of a minimum two (2) people.  Some posts may also include external panellists who provide an expert opinion on a particular job function or aspect of a role. Often, external panel members may be drawn from other NHS Scotland health boards or universities.  Typically for specialists or senior posts, there maybe 4 to 5 panel members. 

It is good practice to agree in advance a range of questions to ascertain if the individual has the knowledge, skills, and competencies outlined within the Job Description/Person Specification. The interview process must structured to ensure that all the necessary information is obtained during the interview.

The hiring manager must ensure that members of the interview panel are competent in recruitment and selection and the panel members are aware of their responsibilities in regards to the Equality Act (2010).

Reasonable Adjustment Guidance and using Structured Interviews to Test for Caring Behaviours in the Recruitment Process

The Reasonable Adjustment Guidance was developed in partnership and with the input of members of the Staff Disability Forum to ensure that the lived experience of staff with disabilities has informed this guide. It was was created so that people managers can provide support and foster a culture of inclusion and equity for all current and potential NHSGGC staff.

Job applicants can ask for reasonable adjustments for any part of the recruitment process. A job applicant might be a person with a disability, may be neurodivergent, or have a health condition which they believe may affect their performance during the recruitment and selection process.

A key theme of NHS Greater Glasgow and Clyde’s Quality Strategy is that Person Centred Care is delivered with compassion, dignity, and respect. In addition to ensuring candidates meet the essential requirements of the post in regards Clinical /Technical competencies, qualifications, training, experience, and skills, you should also ensure that candidates demonstrate evidence of applying the Caring Behaviours expected in our workplace whether in a clinical or non-clinical role. Follow this link to access the guidance Caring Behaviour Structure Interview Guidance

Key tips on interviews

• Ensure that you read the relevant guidance documents noted above
• Make sure the panel is introduced to the candidate
• Let the candidate know what the interview flow will be and that notes will be taken
• Use open questions –how, who, what, and remember to probe if the answers are not providing the evidence you need
• Remember to check any gaps in employment history
• Ensure all candidates are asked the same core questions
• Let the candidate know at the end of the interview what will happen next and when they are likely to know the outcome
• Remember to keep notes           
• When choosing your interview venue, to give consideration to accessibility of the location
• The interview panel should meet at least 30 minutes before the first interview to go over the schedule for the day, who will meet and greet candidates, allocation of questions, and sequence of tabling questions to the candidates.

At the interview event, the hiring manager or a nominated member of the interview panel is responsible for checking documentation that confirms the candidate’s identity.  This ensures that the right candidate is being interviewed against the application which was submitted for the post. Professional Registrations and Qualification Certificates should also be verified at the interview.

The hiring manager must ensure that there is a clear and fair way of selecting the successful candidate that is based on objective criteria directly related to the post being recruited to. All interviewers must keep adequate notes to ensure that a fair comparison can be made between candidates and that reasons are provided to justify a decision of appointment or non-appointment. Notes taken should avoid inappropriate references to the candidate’s appearance, sex, age, disability, religion or race, etc. These notes must be recorded on the NHS Interview assessment template which you can download via your Jobtrain account.

UK Immigration rules

All our vacancies are open to all candidates who meet the relevant criteria and we will not shortlist or make decisions about candidates’ suitability based on their nationality. However, we are obliged to carry out checks and assure ourselves that the candidates appointed are legally entitled to work in the UK before we can confirm an offer of employment.

If you wish to offer a post to candidate who is subject to an immigration control, you will need to ensure that the appointment meets the requirements of the UK Immigration rules.

Please contact a member of the Recruitment Service team if you wish to get further guidance. More information are available on the UK Visas and Immigration website.

Selecting the Preferred Candidate

The interview panel should select the preferred candidate based on the information received during the selection process based solely on the candidate’s suitability for the post when compared with the Job Description/Person Specification.

Interview Panel Members are required to score the candidates across each of the assessment categories covered at the interview using the interview assessment form and include any other assessment activity incorporated into the selection process. 

Key point: The interview panel should agree a minimum acceptable score for appointment.  Aim to employ the “best” and not settle for “best on the day”.

If more than 1 candidate achieves the same score the panel should:

• review the questions to confirm if they have been fully answered
• consider whether all the areas on the person specification have been covered
• review if all essential and desirable criteria have been considered
• take into account any other relevant skill sets or qualities outlined in the person specification/job description

If necessary, the panel should recall the candidates for a second interview or an assessment exercise e.g. scenario or skills test to identify the appointable candidate.

Once the selection decision is complete, a designated panel member normally the hiring manager should call the candidates to advise them of the outcome. This should take place at the earliest opportunity after the interview but no later than 48 hours. Candidates should be offered feedback on their performance.

When verbally making a conditional offer for the post, the hiring manager will outline the main aspects of the offer which will include pay scale, working hours, shift pattern and location etc . The hiring manager must ensure that the Preferred Candidate (successful applicant) is made fully aware of the conditions of the offer, .i.e. it is subject to satisfactory completion of NHSGGC pre-employment checks.

Candidates should be advised not to submit their notice until all pre-employment checks are complete.

It is important that the information confirmed to the candidate is correct and in line with the terms of conditions and NHS GGC policies. Starting salary under Agenda for Change Terms and Conditions (for Medical and Dental posts and some Senior Manager/Director/Executive posts separate pay grades/scales will apply).

If queries arise which require the hiring manager to seek clarification or guidance, then they should contact the Recruitment service or their nominated Human Resources representative.

Reserve Candidates

Where more than one candidate meets the selection criteria, the interview panel may decide to list the second/third choice candidates (providing they have met the minimum appointable threshold) as reserve candidates.

If the first choice candidate declines the offer of employment, the second candidate may be offered the position and so on.

Reserves can be held for no more than 6 months from the date of interview. If there is the requirement to fill the same post during that period, then consideration can be given to the reserve candidate (s) without having to repeat the recruitment process.

No candidates suitable for appointment

If none of the candidates interviewed meet the acceptable level to be appointed, there is no obligation to select a preferred candidate and the post may be re-advertised.  Prior to submitting for re-advertisement to the Vacancies team, the Hiring Manager should discuss with the selection panel if the person specification, job description and advert must be reviewed.

Pre-employment checks

For AFC posts, once all the candidates have been contacted, the hiring manager should make the necessary updates on Jobtrain which will include the details of the offer made etc. Recruitment will then commence the pre-employment checks and will send out all the relevant recruitment documentation to the successful candidate to get the offer process started as quickly as possible.

All NHS GGC offers of employment are made on a conditional basis subject to the completion of the pre-employment screening checks.

An Unconditional Offer of Employment will only be issued once all the appropriate Pre-Employment checks have been verified by the Recruitment service and signed off by the hiring or line manager for the post.

Pre-employment checks can include:

• Verification of identity
• Confirmation of Right to Work in the UK 
• Satisfactory References
• Satisfactory Disclosure Scotland check – PVG Scheme Membership / Police Act Disclosure
• Certificate of good standing for those applying from oversees (required where a candidate has worked out with the UK for 12 months within the last 5 years)
• Professional Registration and Qualification check
• Employment History
• Occupational Health clearance
• Fitness to Practice
• Verification of Driving Licence (only where applicable)

These checks are either required by law or are NHS GGC/NHS Scotland policy.   If a candidate is already working in NHS GGC, specific checks are expedited.

Starting a member of staff prior to the checks being approved could potentially put the safety of our patients and staff at risk and will not be permitted in any circumstance.

For further guidance on pre-employment checks, please contact a member of the Recruitment service.

Withdrawing an Offer

If, after careful consideration of pre-employment checks, it is decided to withdraw the conditional offer of employment, the Hiring Manager must consultat with their own Line Manager, an HR representative, and the Recruitment Service.  If the withdrawal of the conditional offer is to proceed, the grounds/reasons for withdrawal must be made very clear to the candidate e.g. due to unsatisfactory references or other pre employment checks, by the Hiring manager.  Recruitment will issue a communication to the candidate via Jobtrain to conclude the recruitment process.

Please note that we recommend that you discuss at interview your expectation of references with candidates to ensure that you have outlined what you consider a satisfactory and unsatisfactory reference to be. 

Unconditional (Final) Offer, Contract & Induction

Once all pre-employment checks have been satisfactorily completed, regardless of the tenure of the post, a final offer of employment known as an Unconditional Offer can now be made.

For AFC posts, the hiring manager is responsible for reviewing all the pre-employment checks including the references to confirm if they are satisfactory. They must then contact the candidate to agree a start date and once a date is finalised, the New starter/Offer form on Jobtrain must be updated in order for Recruitment to issue the Unconditional offer letter/Contract of Employment.

Statutory and mandatory training (LearnPro) 

New employees must complete the statutory and mandatory training prior to commencement. The Hiring/Line manager (H/LM) has a vital role in supporting compliance by completing this LearnPro Account Creation Form.

The LM will be responsible for facilitating an appropriate induction programme for their new member of staff especially if this requires booking them onto any mandatory training events, etc. A number of administrative elements of starting a new member of staff includes:

• NHS GGC email and IT access to appropriate system and training (eHelp)
• Ordering any equipment (such as mobile phone, blackberry or laptop) and ensuring  necessary office equipment (including PC and landline) is available
• Ordering equipment/materials identified by Occupational Health as necessary for the appointee
• Uniform if applicable
• ID Badges/Security fobs

Keep in touch with the new member off staff prior to their start date and don’t forget to arrange a welcome meeting, including introducing them to key contacts in your service.

NHS Staff Engagement Form and Payroll procedures

The Staff Engagement Form (SEF) is downloadable under eESS on the HR Portal. The Line Manager is responsible for completing the appropriate sections of the form, together with the info and documents provided by the new starter, and submitting it to the eESS Support Team, via the HR portal as well. This facilitates the creation of the employee record which is sent to payroll. It is important that the SEF is completed promptly (ideally on their first working day, but always within seven days) to make sure that the new employee is paid correctly and on time.

For Medical and Dental staff, all new recruits will attend the Recruitment Office to have a SEF completed.

Existing NHSGGC Employees

An important point to note is where an existing NHSGGC Employee is changing post within the Board. They should receive induction, and where appropriate mandatory training as outlined above. It is the responsibility of their existing line manager to complete a Notification of Change form and submit it to NHSGGC Payroll service.

For Medical & Dental posts, a Notification of Change Form will be completed by Recruitment Services.

Employee Record File (Personnel File)

For AFC posts, Recruitment, once all the pre-employment checks are complete and before issuing the Contract of employment, will send you the Employee record file for your new member of staff. The communication will include all the pre-employment checks documentation which must be reviewed to ensure the all checks are satisfactorily completed and the relevant documentation provided.   The Hiring manager must either download a copy of the contract on Jobtrain once it has been issued or ask the new employee to bring a copy of their contract so that it can be added on file.

The Employee record File should be kept securely by the new member of staff‘s Line Manager. 

If at some stage in the future your new member of staff  moves to another job within NHSGGC  then their Employee record File should be forwarded to their new line manager.

Induction and Training

You must ensure your new member of staff completes the NHSGGC On Line Induction.  You can access the Induction portal by clicking this link Induction Portal – NHSGGC or via the Learning and Education pages on HR Connect.

The NHSGGC Induction Portal has been designed to:

• support line managers/ team leaders induct their new  members of staff to their new workplace.
• bring together all relevant resources including forms, policies and guidance  to help your member of staff understand NHSGGC as an organisation 
• If your new member of staff is a people manager, supervisor or team leader, please discuss with them their people management responsibilities and direct them to complete the Managers and Supervisors Induction Pathway (within Step 6 of the Induction Steps – Professional and Role Specific Induction). Further information is available on the NHSGGC Induction Portal.

Managers should use the portal to help plan the induction process.

It is important that the induction is completed as early as possible and should be no later than 3 months of your new member of staff joining your service /department. This is because as well as being critical to ensure your new member of staff is supported when they start their new job, the induction is part of the Organisational Performance Review and performance is reported on a monthly to our Directors 

In addition, it is very important that during the induction process, accurate information is kept and held securely in Employee Record files. You should also complete the online induction form (refer to step 5 in the induction portal guidance) when induction has been completed. This enables the Learning and Education service to update the employee record and report results to Directors.

Manager Support

As an additional support to the resources outlined within the Induction Portal, a tutor led course is offered to managers and supervisors who are responsible for leading induction locally and supporting new colleagues, particularly those colleagues in a HCSW role. Details are noted here Induction Training

If you have questions or need support on any aspect of the information noted above, please contact

Recruitment (inc Jobtrain, Hiring manager guide and training): via the relevant mailbox or by calling 0141 278 2700 and select option 1

eESS: eESS on the HR Self service portal

IT: eHelp (NHSGGC Favourites folder)

Learning and Education: L&E on the HR Self service portal

All new employees are instructed to present on their first day, the following documents as part of their initial induction:

• P45 or if unable to provide a current P45 OR HMRC Starter Checklist form 
• Bank details and National insurance number

As the Hiring Manager, it is essential that your retain a copy of the contract of employment, either by downloading a copy from Jobtrain or by asking the new employee to provide a signed copy, which should be retained in their employee file.

Staff continued checks

• Right to work in the UK- if a candidate is subject to immigration control, the Line manager must have a note of the important details and dates regarding their visa which would have been shared by Recruitment. Appropriate checks and referral must be taken in a timely manner if any due date is impending. For any changes or updates, please contact the Recruitment team.
• Professional Registration –where the new employee requires professional registration with a professional body e.g. General Medical Council, Nursing and Midwifery Council, the Health and Care Professions Council or the Royal Pharmaceutical Society etc  then you must once again confirm that your new employee ‘s professional registration is up to date and  there are no new conditions of practice  since the pre-employment checks were carried out. Note should be taken when it should be renewed for ongoing monitoring.
• PVG/Disclosure Check – where PVG Membership or Disclosure Scotland Screening is required for the role you should confirm that your new employee‘s status Disclosure remains unchanged and there are no new convictions, cautions or warnings to declare since the pre employment checks were carried out and the certificate issued.

Summary

Employers will no longer receive information on some ‘spent’ convictions. A new category of conviction has been introduced –protected conviction. The NHS Scotland Application Form has been amended to accommodate the changes. There is no change in a requirement to perform a PVG or Police Disclosure Check. Hiring managers can continue to discuss conviction details for unspent convictions and spent convictions listed on Schedule A1.

The purpose of this briefing is to provide guidance to NHS Greater Glasgow and Clyde (NHSGGC) hiring managers on reforms to the disclosure of criminal records and how these reforms will affect the disclosure of certain categories of criminal convictions during the recruitment process.

The legislative changes have been made by Disclosure Scotland on behalf of the Scottish Government to the Rehabilitation of Offenders Act 1974, and NHSGGC Hiring Managers are asked to note the following changes with immediate effect:

Spent Convictions

A spent conviction is a criminal conviction that under the Rehabilitation of Offenders Act 1974 can be treated as ‘spent’ – ignored or forgotten – after a certain length of time.

As most posts in the NHS were exempt from the Rehabilitation of Offenders Act 1974 prior to the legislative changes, we were legally entitled to ask applicants to disclose all convictions regardless of whether they were spent or not.  

The changes now mean NHS Boards may no longer be entitled to be made aware of any ‘spent’ conviction information, which prior to the new rules would have been provided by job applicants and on a Disclosure certificate.

Following the rehabilitation period of a conviction (outlined in appendix 3) a conviction becomes ‘spent’.  Although the conviction has become ‘spent’, the Rehabilitation of Offenders Act dictates that some conviction information should remain on a Disclosure Scotland PVG scheme membership or Police Act Disclosure due to the seriousness nature of the offence. 

These ‘serious’ offences are listed in Schedule A1 and Schedule B1:

• Schedule A1 is a list of offences which must always be disclosed
• Schedule B1 is a list of offences which are to be disclosed subject to rules

Rehabilitated offenders with a ‘spent’ conviction listed on Schedule B1 can apply to a Sheriff to have their spent conviction removed after a period of time:

• 15 years, if they were 18 or over at the date of conviction
• 7 years and 6 months, if they were under 18 at the date of conviction

Protected Convictions

A new category of conviction has now been introduced known as a ‘protected conviction’. A person’s conviction is a protected conviction if:

• It is a spent conviction; and
• It is not a conviction listed in Schedule A1 or B1.

As protected convictions are categorised as a ‘less serious’ conviction, these convictions are no longer required to be shown on Disclosure certificates.

NHS Scotland Application Form

Candidates will be prompted to declare their convictions following the conditional offer of employment via Jobtrain.

This means that under the new rules, the application process for a job will no longer require individuals to disclose ‘spent’ convictions.

The changes also impact on what information is released on a Disclosure certificate relating to either the PVG Scheme membership or a Police Act Disclosure.  The certificate issued by Disclosure Scotland will no longer contain all spent convictions (the certificate will not contain protected convictions).

NHS Boards are also no longer entitled to ask candidates at recruitment application stage, about ‘spent’ convictions.

Whilst these changes to the existing arrangements are now in place there is no change to our current requirement to carry out criminal record checks as part of the pre-employment checks for candidates offered a post within NHSGGC.

For posts not requiring a Disclosure Scotland PVG scheme membership – a separate Criminal Conviction Declaration Form has now been introduced and given to preferred candidates for whom a PVG membership or Police Act Disclosure is not required.  This will capture any relevant and disclosable criminal convictions in line with the new legislation that would previously have been declared on the application form.

Scottish Ministers want to strike a balance between protection of the public and vulnerable groups and the rights of individuals not to have to disclose routinely certain ‘spent’ convictions. Public protection still remains at the forefront of the system of PVG Records and Police Act Disclosures by ensuring certain very serious spent convictions and other categories of conviction deemed appropriate will always be disclosed.

Frequently asked questions (FAQs)

Can I ask the applicant about their criminal history?

You can ask an applicant about their criminal history, however, legally the applicant has the right to only tell you about any unspent convictions or spent convictions which are not protected.

What if the candidate discloses information about a protected conviction?

It is encouraging that the applicant is being open and honest during the recruitment stage, however you must not make any decision based on the information they have disclosed to you.  Making decisions based on a protected conviction will be contravening the Rehabilitation of Offenders Act 1974.

Will NHSGGC still perform a PVG / Disclosure check?

These changes do not affect the requirement to perform a PVG / Disclosure check.  The Recruitment Service will continue to carry out this essential pre-employment check prior to any unconditional offer of employment.

Will NHSGGC be receiving less criminal history about their prospective employees?

All orgaisations in Scotland that use the PVG membership scheme or those that request Police Disclosure Act will receive relevant criminal history information, as dictated in the following Acts:

• the Rehabilitation of Offenders Act 1974
• the Police Act 1997
• the Protection of Vulnerable Groups (Scotland ) Act 2007

The primary change that has come into effect is the removal of some ‘spent’ convictions – these convictions are now referred to as ‘protected convictions’ and will not be disclosed to an employer.

Why did the application form need to change?

To minimise the risk of an applicant disclosing spent conviction information, it was agreed by the NHS Scotland HR Directors group (with legal input from NHS Scotland’s Central Legal Office) that the national application form must be amended to accommodate the changes to the Rehabilitation of Offenders Act 1974. 

What categories of staff does this affect?

The legislative changes outlined in this document are applicable to all NHS Scotland health boards as well as all public and private sector employers in Scotland. These changes have been implemented with immediate effect and are applicable to all posts, paid and voluntary.  This includes: substantive, fixed term, temporary, bank, modern apprenticeships, honorary appointments etc.

The role does not require PVG scheme membership or Police Act Disclosure; will NHSGGC still obtain criminal history information?

As part of their pre-employment checks, preferred candidates that do not require PVG scheme membership or a Police Act Disclosure will be asked to complete a Criminal Conviction Declaration Form. This will capture any relevant and disclosable criminal convictions in line with the new legislation that would previously have been declared on the application form.

Where can I obtain further information or clarification about these changes?

In the first instance, please contact the Recruitment Service on 0141 278 2700 or email NHSGGCrecruitment@nhs.net.

Examples of conviction scenarios

Scenario 1

A person is convicted of fraud and receives a conditional discharge.  The offence occurred 3 months ago.

The rehabilitation period for a conditional discharge is 1 year.  Therefore this conviction is unspent and will appear on a PVG scheme membership or Police Act Disclosure.

Scenario 2

A person was convicted of rape and received a 4 year prison sentence.  The offence occurred 12 years ago.

The rehabilitation period for a sentence of imprisonment (over 6 months) is 10 years.  Therefore this conviction is spent.  However, as the offence is listed in Schedule B1, it will appear as a spent conviction on a PVG scheme membership or Police Act Disclosure.

Scenario 3

A person was convicted of torture and received a 5 year prison sentence.  The offence occurred 33 years ago.

The rehabilitation period for a sentence of imprisonment (over 6 months) is 10 years.  Therefore this conviction is spent.  However, as the offence is listed in Schedule A1, it will appear as a spent conviction on a PVG scheme membership or Police Act Disclosure.

Scenario 4

A person was convicted of affray and received a fine.  The offence occurred 18 years ago.

The rehabilitation period for a fine is 5 years.  Therefore this conviction is spent.  The applicant has applied to a Sherriff to have their spent conviction removed (as the conviction is listed in Schedule B1) and it was agreed that the conviction is now protected.  Therefore the conviction will not appear on a PVG scheme membership or Police Act Disclosure.

Scenario 5

A minor was convicted of theft and received a fine.  The offence occurred 4 years ago when the minor was 14 years old.

The rehabilitation period for a fine (for a minor) is 2½ years.  Therefore this conviction is spent.  The applicant has applied to a Sherriff to have their spent conviction removed (as the conviction is listed in Schedule B1).  The Sherriff has denied the request, as a spent conviction (listed on Schedule B1) can and only become protected after 7½ years from when the minor was convicted.  Therefore the conviction will appear on a PVG scheme membership or Police Act Disclosure.