We are a small organisation and currently advertising for a role within the Company.  Due to the nature of our operations it is likely that the successful post holder will interact with children.  One of the applicants has disclosed a conviction for murder and we would not want this person representing our organisation or providing services.  Do we have to interview him?

The applicant disclosed a conviction for murder.  You should be aware that a custodial sentence of more than 2 ½ years is never spent and consequently this applicant cannot suggest that this conviction is spent and that is should not be considered.  In any event, he has voluntarily declared it to you which indicates he would rather have it formally dealt with as part of the recruitment exercise.

You should of course be aware of your obligation to carry out a fair and transparent recruitment exercise, without taint of any discrimination.  If you obtain further information from the applicant about the circumstances of the murder conviction, and whether it is related to the conflict/Troubles in Northern Ireland, you should be aware that it is illegal to discriminate against that person because of their political opinion.  If they support or approve the use of violence for political end, and it is that political opinion which manifested in violence leading to the murder conviction, you could refuse to employ him due to the expression of that political opinion.  Without further information from the applicant as to the grounds of the murder conviction and whether it is an outworking of their political opinion however, your refusal to interview him could jeopardise the fairness of the recruitment exercise and may amount to discrimination.

If this applicant meets the shortlisting criteria and would, without consideration of the disclosed conviction, proceed to interview, I suggest you consider including him in that interview process.  Only if he is the successful candidate when all interviews have been completed, might you then undertake an Access NI check and obtain further information from him as to the nature of the murder conviction.  You should then consider whether that conviction is materially relevant to the job he will undertake.

Normally, it is recommended that you apply for an Access NI check only when the applicant has been successful in the recruitment exercise.  Also, only after the interview when the process has completed, should the employer consider whether a conflict related conviction is materially relevant to the job in question and incompatible with the post to be filled.  Unless the job responsibilities constitute a regulated activity, a conviction does not automatically exclude the individual from employment.

There is Employers’ Guidance on dealing with conflict related convictions in Northern Ireland and you may wish to access this.  Essentially, the Guidance suggests that a prospective employer should ask whether the conviction disclosed as part of the recruitment exercises is materially relevant to the job that the applicant will be required to carry out if he/she is successful in the recruitment exercise and whether the conviction itself is incompatible with the post.  You have suggested that the successful applicant will interact with children and it may be that a murder conviction at all, whether conflict related or not, is incompatible with the responsibilities of the successful applicant.  In addition, I suggest you could consider whether the duties of the post holder are such that they will constitute a regulated activity in that the employee will have unsupervised activities with children, such as teaching or training, or a supervisory role.  If so, you should carry out an enhanced check under Access NI.

I would suggest you should consider interviewing this applicant, and if he appears to be the most suitable candidate for the role, carrying out the necessary checks at that stage.