Rehabilitation of Offenders Act 1974 Exceptions Amendment and UK health and safety law: implications for business compliance

Rehabilitation of Offenders Act 1974 Exceptions Amendment and UK health and safety law: implications for business compliance

What has changed

The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2026 amends the 1975 Exceptions Order. The instrument updates the statutory framework that determines which offences are exempt from the general rehabilitation framework for certain roles and disclosures. The exact scope and details are set out in the instrument and accompanying guidance published by the UK government. For health and safety risk management, the change can influence recruitment and vetting practices in roles where safeguarding and fitness for work are critical.

Why this matters

The change affects how organisations assess criminal records for candidates and employees in roles that fall within the Exceptions Order. It has potential implications for governance, policy clarity, and safeguarding in workplaces, with direct relevance to regulatory compliance and HSE requirements. Employers should prepare for updated disclosure expectations and ensure that decision making around criminal records remains consistent with the Act and associated guidance, while maintaining fairness and proportionality in line with UK health and safety law.

What organisations should do next

Review current recruitment and onboarding policies to confirm how the Exceptions Order is applied to role specific background checks. Update job descriptions and person specifications to reflect any changes in disclosure expectations. Revise risk assessments relating to recruitment and recruitment workflow to ensure that decision makers understand the new framework. Provide training for HR, hiring managers and supervisors on the updated rules and ensure access to competent advice where needed. Where applicable, align management systems with ISO 45001 through a behavioural and process driven approach to safeguarding and compliance. Consider engaging with Synergos for support in risk assessment, policy updates and trained personnel.

For practical support on systematic risk control and compliance, see ISO 45001 occupational health and safety management.