Transfers.London

Policy on Employing Ex-Offenders (PHV Operator) — London

Updated: 15.08.2025

1. Purpose and scope

This policy sets out our fair-chance approach to recruiting and managing people with criminal records while meeting all Transport for London (TfL) operator requirements. It applies to all roles employed or engaged by Demapal Ltd, including booking & dispatch staff, managers, and any other office roles. (Licensed drivers remain subject to TfL’s driver licensing rules; see §10.) (Transport for London)

2. Our commitment (fair-chance principles)

  • We recruit on merit, assessing skills and risk relevant to the role.
  • We do not automatically reject applicants with a criminal record.
  • We use “ban-the-box” principles: no criminal-record questions at application stage; disclosure (where lawful/necessary) occurs after a conditional offer.
  • We follow Government guidance and best practice from Nacro and Unlock on inclusive recruitment and onboarding. (GOV.UK, Nacro, Recruit)

3. Legal and regulatory framework

  • TfL operator requirements (from 1 July 2024):
    • Keep a register of everyone who takes bookings and/or dispatches vehicles and obtain a basic DBS for each person before they start.
    • Maintain a written policy on employing ex-offenders (this document).
    • One-person operators who personally take all bookings/dispatches do not need such a policy. (Transport for London, Transport for London)
  • Rehabilitation of Offenders Act 1974 (ROA): for non-exempt roles (e.g., booking/dispatch) we must not ask about spent convictions and may only request a basic DBS. (Transport for London)
  • Data protection: Criminal-offence data will be handled under UK GDPR/DPA 2018 with an Appropriate Policy Document (see Annex A – APD). (Recruit)

4. Roles and the level of criminal-record check we use

  • Booking & dispatch staff (including agency/contracted/family members): Basic DBS (unspent convictions/conditional cautions only). Required prior to being added to the register and before duties begin; details recorded in the staff register (name, DOB, DBS reference number, date of issue, date seen). (Transport for London)
  • Licensed drivers: Assessed through TfL’s enhanced DBS with barred lists via TfL’s provider and ongoing DBS Update Service checks every six months; our role is to verify driver licensing status and meet reporting duties.
  • Other office roles (not taking bookings/dispatch): normally no DBS unless duties justify it; if sought, it will be basic only (no asking about spent matters). (Transport for London)

5. When and how we ask about criminal records

  • We do not ask at application stage.
  • For roles needing a DBS, we make a conditional offer subject to (i) the lawful level of check (see §4), and (ii) a role-relevant risk assessment of any unspent information disclosed.
  • We explain in adverts and candidate packs what level of check will be done and why it is necessary. (Recruit)

6. Fair, role-relevant risk assessment (how we decide)

If an applicant or employee discloses information (or it appears on a lawful DBS), we assess case-by-case using the following factors (adapted from MoJ/Nacro/Unlock guidance):

  • Nature and seriousness of the offence(s) and relevance to the specific duties (e.g., safeguarding-related, violent/sexual offences for customer-facing work; fraud/dishonesty for finance roles).
  • Time elapsed, pattern (one-off or repeat), age at the time, and evidence of rehabilitation (employment record, references, training).
  • Any legal/contractual obligations tied to the role (e.g., TfL rules for drivers; see §10).
  • Safeguards available: training, supervision, separation of duties, probation goals.
    Decisions are documented in a Risk Assessment Form (stored per Annex A). Where a concern is not role-relevant or is spent (for non-exempt roles), it will not be considered. (GOV.UK, Nacro, Recruit)

We avoid blanket bans. Some offences may be incompatible with certain roles where the specific risk cannot be mitigated (e.g., recent serious violence/sexual offending for customer-facing dispatch roles). Any rejection on this basis will cite objective, role-linked reasons, not stigma. (GOV.UK)

7. Booking & dispatch staff register and ongoing duties

  • We keep the register at the operating centre (electronic preferred), retain entries 12 months after a person last took/dispatch bookings, and ensure only listed people take these functions.
  • For automated systems with no human involvement, we record “N/A” in the register.
  • We require staff to notify us if they receive a conviction while employed in these roles (recommendation). (Transport for London)

8. Self-reporting to TfL (operators and drivers)

Demapal Ltd will meet the 48-hour reporting rule for arrests/charges/cautions/convictions affecting any individual associated with the operator’s licence, and will support drivers to do the same for their licence conditions. (Transport for London)

9. Appeals and feedback

Candidates or staff may request a review of a decision. Reviews are conducted by a senior manager not involved in the original decision. We can signpost to Nacro and Unlock for independent advice. (Nacro, Recruit)

10. Licensed drivers (how this policy interacts with TfL rules)

  • Drivers must maintain continuous DBS Update Service subscription (for licences granted on/after 26 Feb 2024); TfL conducts six-monthly status checks and may require a new enhanced DBS if status changes.
  • From 1 July 2024, drivers must notify TfL within 48 hours of any arrest/charge/caution/conviction; PHV drivers licensed before 1 July 2024 move to the 48-hour rule on re-licensing.
  • We will not engage a driver who is not licensed or is suspended/revoked by TfL, and we will notify TfL of any required matters (e.g., dismissals via PHV/105).

11. Training & accountability

Managers involved in recruitment receive annual training on: ROA rules, DBS eligibility/levels, inclusive assessment, and data protection for criminal-offence data (Annex A).

12. Review

This policy is reviewed annually or sooner if the law/TfL requirements change.

Annex A — Appropriate Policy Document (APD): Criminal-offence data

Why we process: To fulfil TfL licensing and public-safety obligations (basic DBS for booking/dispatch; verifying drivers’ licensing), and to make fair, lawful hiring decisions. (Transport for London)
Lawful bases: UK GDPR Art. 6(1)(b) (contract) and/or 6(1)(f) (legitimate interests). Criminal-offence data condition: DPA 2018 Sch.1 Para 1 (employment, social security and social protection) and/or Para 10 (preventing/detecting unlawful acts), with appropriate safeguards. (Recruit)
Data we keep (booking/dispatch): name, DOB, DBS certificate number, date of issue, date seen, decision outcome/brief risk rationale.
We do not keep copies of DBS certificates; we return them to individuals after sighting. (Transport for London)
Access: restricted to HR/Compliance and senior management on a need-to-know basis.
Retention: staff-register entries and risk assessments retained 12 months after the person last carried out booking/dispatch functions; decision records for unsuccessful applicants retained 6 months then securely destroyed unless litigation is reasonably anticipated. (Transport for London)
Security: encrypted storage, access logging, and role-based permissions; secure destruction (cross-cut shredding/crypto-wipe).
Rights: individuals may exercise data-subject rights (access/rectification/erasure/restriction) where applicable.
Contacts: privacy@transfers.london (Data Protection Lead).

One-page checklist (operators’ essentials)

  • Keep booking & dispatch register; record DBS ref and date for each person; retain entries 12 months after they stop doing the function. (Transport for London)
  • Obtain basic DBS before anyone starts taking/dispatching bookings. (Transport for London)
  • Maintain this ex-offender policy and show it at renewal/inspection. (Transport for London)
  • Ensure 48-hour self-reporting to TfL (operator and drivers). (Transport for London)
  • Follow fair-chance recruitment, assess role relevance, and handle data per Annex A. (GOV.UK, Nacro)

Sources (key requirements)

  • TfL Notice 05/24 (policy required; basic DBS; 48-hour rule; booking records). (Transport for London)
  • TfL PHV Operator Register & Booking Records Guidance (policy content, register specifics, one-person exemption, basic DBS). (Transport for London)
  • TfL Driver Policy v4, 5 July 2024 (driver DBS/Update Service; 48-hour driver reporting; offence handling).
  • MoJ “Employing prisoners and ex-offenders” (inclusive recruitment & onboarding tips). (GOV.UK)
  • Nacro employer guidance; Unlock recruiter guidance (eligibility, wording, assessment, GDPR good practice). (Nacro, Recruit)