Spent Conviction Employment with TFL

Meeting: 
MQT on 2017-01-18
Session date: 
January 18, 2017
Reference: 
2017/0207
Question By: 
Unmesh Desai
Organisation: 
Labour Group
Asked Of: 
The Mayor
Category: 

Question

Can drivers with spent convictions that have passed 3 years be allowed to drive for TFL?

Answer

Answer for Spent Conviction Employment with TFL

Answer for Spent Conviction Employment with TFL

Answered By: 
The Mayor

All convictions, with the exception of prison sentences over 30 months, become spent after a set time period. According to law, an employer cannot refuse to employ someone, or dismiss them, because they have a spent caution or conviction unless an exception applies. Exemptions are listed in the Rehabilitation of Offenders Act 1974 (Exceptions) Order at:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/216089/rehabilitation-offenders.pdf

 

TfL directly employs Tube drivers and Dial-a-Ride drivers. For Tube drivers, TfL carries out a criminal records check during recruitment, which does not consider spent convictions. However, because Dial-a-Ride drivers transport vulnerable passengers, all drivers undergo an enhanced criminal records check with any spent convictions reviewed on a case-by-case basis.

 

Other drivers who operate TfL’s services are employed by contractors and similar arrangements are in place.