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10-August-2007
Knocking down barriers and building bridges
A job is one of the most important factors in helping offenders to go straight. Around 7 million people in the UK have a criminal record – in fact, 1 in 3 males over 30 has a criminal record (excluding minor motoring offences) so most businesses already employ ex-offenders without necessarily knowing. As ex-offenders make up a significant part of the workforce, it does not make good business sense to ignore this pool of potential employees. However, the stigma attached to ex-offenders means that employers are usually extremely wary of recruiting from this talent pool.
In the majority of situations, there is little risk involved in employing an ex-offender and the recruitment process does not have to be more onerous than recruitment of other employees if a few basic steps are undertaken. Taking a short while to review and update internal procedures, such as recruitment and induction policies, and contracts of employment ensures that the perceived risk of employing ex-offenders is minimised and ex-offenders are encouraged into the workplace.
So what exactly should employers do? First, they should review their current practice and procedure to establish how ex-offenders are treated during the recruitment process; avoiding a blanket ban on recruitment of ex-offenders is always preferable, unless it is a legal requirement, for example, when working with children or vulnerable adults. In most circumstances, criminal records information is unavailable or employers have severely restricted access to it. Consider carefully therefore whether to make a direct request on application forms or during the recruitment process for candidates to disclose spent convictions; most spent convictions do not need to be disclosed, and unless one of the exceptions in the Rehabilitation of Offenders Act 1974 applies, the employer cannot refuse to hire the candidate or later dismiss them on the grounds that they have a spent conviction. Don’t jump to conclusions about the candidate’s integrity or ability to do the job if he or she fails to mention a spent record at interview; consider each candidate on their merits to determine if they have the requisite skills for the role. If the candidate does disclose a conviction, don’t be afraid to ask the candidate questions about it, particularly if the nature of the offence is relevant to the suitability of the role.
If the job is offered to the candidate, ensure that references are taken up and that the authenticity of qualifications is verified; references are one of the most reliable sources of information about any prospective employee. Consider designating a senior member of staff to oversee recruitment and induction of ex-offenders and other candidates who fall into a minority group. Education of the existing workforce is integral to successful recruitment and retention of ex-offenders and therefore existing equal opportunities and diversity policies also need to be reviewed to ensure they are comprehensive and up to date and thereafter communicated to all staff. Advice is available to employers from agencies, such as Nacro - a charity which specialises in reducing crime – if specific assistance is required.
It is also a good idea to check whether contracts of employment mention probationary periods and whether these are regularly used. The use of probationary periods is essential in respect of all new employees, as not all candidates turn out to be right for the job. Having a clear job description can also be useful if it becomes necessary to assess the relevance of an offence to the position applied for.
These are just some of the things that employers can do to aid the recruitment and retention of ex-offenders. However, there is still a stigma attached to employing ex-offenders and it will only be through a process of education and support that employers see that the benefits of tapping into this pool of talent far outweigh the perceived negatives. This was the very aim of the “Another Chance” event – held at Hazlewood Castle in May - which was organised by the West Yorkshire Employer Coalition (WYEC) and funded by Carillion and the National Offender Management Service (NOMS). Delegates from businesses and organisations across the region met to discuss the benefits of helping to rehabilitate offenders through the opening of employment opportunities.
Gerry Sutcliffe MP, who launched a practitioners’ toolkit on employer engagement at the event, said, “improving offenders’ employability by giving them new skills, providing them with support and offering them employment are crucial to successful rehabilitation. They can and do make reliable and productive employees”.
Delegates were also asked to sign up to the Employer Pledge to the Corporate Alliance to demonstrate a commitment to actively contribute to reducing re-offending by increasing offenders’ employability and/or employing offenders. There has been a huge response from employers to date, which shows that negative perceptions are being shed, but this will take time.
Employers who bear in mind the above points and seek to actively engage ex-offenders, rather than studiously ignore them, will ultimately find themselves with access to a far wider pool of talent, which in turn should lead to a more profitable business. Furthermore, increased recruitment of ex-offenders leads to a reduction in the level of re-offending, which is good news for everybody.
Claire Rolston Associate Solicitor Employment Department Levi Solicitors. Contact Claire on 0113 297 3193, email: crolston@levisolicitors.co.uk Anj Handa Development Director, Employer Networks, WYEC, can be contacted on 0113 2470000, e-mail: anj.handa@leedschamber.co.uk.
ENDS
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