Policy on the Employment of Ex-Offenders

• 1. Purpose

  This policy outlines London Personal Chauffeur Ltd’s approach to employing ex-offenders in roles subject to Transport for London (TfL) licensing requirements. It ensures compliance with all applicable regulations, including those for obtaining a private hire operator licence, while promoting fair and equitable employment practices.

• 2. Scope

  This policy applies to all employees, contractors, and applicants for roles in London Personal Chauffeur Ltd, including drivers and administrative staff. It specifically addresses roles requiring a Disclosure and Barring Service (DBS) check as mandated by TfL.

• 3. Policy Statement

  London Personal Chauffeur Ltd is committed to:

  • Maintaining the highest standards of passenger safety, trust, and professionalism.
  • Supporting the rehabilitation of ex-offenders where their criminal history does not pose a risk to public safety or conflict with TfL regulations.
  • Treating all applicants fairly and ensuring decisions are based on the role’s requirements and relevant TfL guidance.

• 4. Legal and Regulatory Compliance

  This policy adheres to:

  • The Rehabilitation of Offenders Act 1974, which sets out when convictions are considered “spent.”
  • TfL Private Hire Operator Licence Requirements, including the need for enhanced DBS checks and suitability criteria.
  • Transport for London’s Licensing Guidance, particularly regarding the employment of individuals with criminal records.
  • Equality Act 2010, to ensure non-discrimination in recruitment and employment.

• 5. Roles Requiring DBS Checks

  Certain positions within London Personal Chauffeur Ltd require enhanced DBS checks due to the nature of their duties. These include:

  • Chauffeur drivers and private hire vehicle drivers.
  • Dispatchers and customer service staff handling sensitive customer information.

• 6. Assessing Suitability of Ex-Offenders

  When assessing the suitability of applicants or employees with criminal records, London Personal Chauffeur Ltd will consider the following factors in line with TfL’s guidance:

  • Nature of the Offense: Whether the offense relates to dishonesty, violence, sexual misconduct, or driving-related infractions.
  • Recency of the Offense: Recent convictions may indicate ongoing risk, while older offenses with evidence of rehabilitation will be considered less relevant.
  • Role Relevance: The relationship between the offense and the responsibilities of the role (e.g., driving offenses are particularly relevant for chauffeur roles).
  • Rehabilitation Evidence: Efforts by the individual to rehabilitate, such as a clean record since the conviction, positive references, or engagement with rehabilitation programs.
  • Risk Assessment: An individualized risk assessment will be conducted for any applicant with a criminal history to determine suitability in line with TfL’s public safety requirements.

• 7. Additional Requirements for 2024 Compliance

  • Self-Reporting: All employees must report any arrests, charges, cautions, or convictions to the company within 48 hours, as required by TfL.
  • Overseas Criminal Record Checks: Applicants or renewing employees who have lived outside the UK for more than three months in the past decade must provide a Certificate of Good Conduct.
  • Annual DBS Checks: Operators are required to undergo annual DBS checks and maintain a register of booking and dispatch staff, with records retained for at least 12 months.

• 8. Decision-Making Process

  Decisions regarding the employment of ex-offenders will be made by senior management, in consultation with legal and compliance teams if necessary. Each case will be reviewed individually, considering all relevant factors and TfL’s suitability criteria.

• 9. Confidentiality

  Criminal record information will be handled in strict confidence and in accordance with the General Data Protection Regulation (GDPR). Information will only be shared with those directly involved in the recruitment or compliance process.

• 10. Equal Opportunities and Fair Treatment

  London Personal Chauffeur Ltd is committed to providing equal opportunities and ensuring ex-offenders are not unfairly discriminated against. Employment decisions will be based solely on suitability for the role and compliance with TfL regulations.

• 11. Appeals Process

  Applicants or employees who believe they have been unfairly treated due to their criminal record may appeal the decision by submitting a written request to London Personal Chauffeur Ltd within 14 days. Appeals will be reviewed by senior management.

• 12. Support for Rehabilitation

  Where appropriate, London Personal Chauffeur Ltd will support the integration of ex-offenders into the workforce by:

  • Providing additional training to help individuals adapt to their roles.
  • Offering mentoring or support programs to foster professional development.

• 13. Policy Monitoring and Review

  This policy will be reviewed annually to ensure ongoing compliance with TfL regulations and relevant legislation. Updates will be made as required to reflect changes in the law or TfL guidance.

Approved by: Florin-Ciprian Mora, Director
Date: 25th of November 2024