November 16th, 2015 | Sterling

The How and the Why of Recruiting Ex-offenders

Recruiting ex-offenders can be daunting and challenging for employers who want to ensure they comply with the law, minimise any risk and hire the best person for the job. Yet with 20% of the working age population recorded as having a criminal record, are employers failing to take advantage of this significant talent pool?

Employers often have a number of questions around how to recruit ex-offenders fairly and safely, and a recent webinar by SterlingBackcheck aims to answer these by examining some of the key issues.

The criminal record checks process

Criminal record checks – also known as disclosures – play a vital role in background screening, but it is important to know when and how you can conduct a check on a candidate. There are three types of criminal disclosure – basic, standard, and enhanced (the webinar will go into more detail about all of these).

Carrying out a check is a relatively simple process, where the candidate provides their consent, the relevant person applies to the authority, and the results are made available around two weeks later.

For employers considering criminal background checks, it’s important to understand the requirements of the job role and how background checks can provide the necessary, relevant information. Oran Kiazim, Vice President, Global Privacy at SterlingBackcheck, advises: “A good rule of thumb is that use of disclosure information should always be proportionate. An assessment should always be made to determine how relevant the information is to the role and to the candidate’s ability to occupy the position.”

The commercial and ethical side of hiring ex-offenders

Many employers tend to err on the side of caution when recruiting ex-offenders, but this approach may be flawed. At a time when organisations are struggling to fill vacancies and create a more diverse workplace, you cannot afford to ignore the potential that exists in the labour market.

A common perception amongst employers is that hiring an ex-offender will be a negative experience, yet research has found this is rarely the case. According to a CIPD report, 82% of ex-offenders perform well in their role, while 40% of employers reported retention rates to be just as good as employees without criminal convictions. Only 10% of employers recorded a negative experience.

“If we really want to nurture talent and give people opportunities, we have to make sure our unconscious biases don’t interfere with sound, objective decision making,” says Dianah Worman OBE, Diversity Advisor at the CIPD.

Not only do ex-offenders often make valuable, reliable employees who contribute to commercial success, but, according to the Social Exclusion Unit, employment reduces re-offending by 33% to 50%. This means that employers play a vital role in their rehabilitation, whilst benefitting society as a whole.

Minimising the risk

Employers need to ensure they have safeguards in place to minimise any risks. Confidentiality and honesty is key. “The whole approach must be based on a clearly expressed policy of willingness and interest in offering ex-offenders opportunities, because it’s a baseline which will encourage the development of a more trusting employment relationship from day one,” says Worman. “An applicant who has an offence is always going to assume they won’t be given a chance, so the ways in which they may cover it up will be damaging in the long term. They will only be honest if they know they stand a better chance.”

There are a number of steps you can take to recruit the right people and minimise the risk, including having a written policy that is made available to applicants and ensuring all staff involved have the relevant training.

Ready for Work and Ban the Box campaigns

The Ready for Work programme, run by Business in the Community (BITC), helps people from disadvantaged backgrounds get back into employment.

Kevin Hogarth, Global HR Director at Freshfields Bruckhaus Deringer is involved in the programme and says his firm has employed a number of people through it, including ex-offenders. “They offered skills that the business very much needed. We have found them to be incredibly loyal and committed employees, who are highly engaged in the work they are doing, and are good performers.”

The BITC also runs Ban The Box campaign, which calls on UK employers to remove the tick box from application forms and to ask about criminal convictions later in the recruitment process.

Employing ex-offenders is a complex area, but there is a great deal of support out there from organisations such BITC, Nacro and Unlock, so you can get the advice and resources you need. If you want to know more, tune into SterlingBackcheck’s webinar here.

This publication is for informational purposes only and nothing contained in it should be construed as legal advice. We expressly disclaim any warranty or responsibility for damages arising out this information. We encourage you to consult with legal counsel regarding your specific needs. We do not undertake any duty to update previously posted materials.