Ex-Offenders and Employment.

(Ex-Offenders) is defined as anyone with a record of arrest, conviction or imprisonment, and anyone who has ever been on probation or parole. At Humba-HR-Consultants we respect the skills and all other factors surrounding the offences and in the event the convictions are of a critical nature we deal with each case on its merits and not just dismiss a job application - who knows that person might actually be rehabilitated and potential big break within an organisation.

Ex-offenders, a significant and hidden group within the workforce, have been marginalised from mainstream employment and fair and responsible policies and practices are needed when employing them. You will find here information on employing people with criminal records, spent convictions and the rehabilitation of offenders.

Employers can’t turn someone down for a job just because they have been convicted of an offence if the conviction is ‘spent’.

Job applicants also don’t need to tell potential employers about spent convictions.

Convictions with a sentence of 30 months or less will become spent after a certain period of time. This period is known as a ‘rehabilitation period’. Its length depends on how severe the penalty was, exceptions are made if the job requires a criminal record check, and this shows that someone’s not suitable for a job because of a spent conviction; the employer can withdraw a job offer.

Criminal record checks in the United Kingdom are carried out by the Disclosure and Barring Service (DBS), which used to be the Criminal Records Bureau (CRB). CRB checks are now called DBS checks. More information of reintegrating ex-offenders  aimed at those wishing to raise awareness for the business case for employing ex-offenders, and those with general responsibility for recruitment and selection, can be found here - http://www.caringforexoffenders.org/ .

To help you meet this requirement the CRB has produced the following sample policy statement which can be used or adapted for this purpose.

This policy statement can also be included within your company’s Equal Opportunities policy.

Sample Policy Statement stipulated by the Criminal Records Bureau;

• As an organisation using the Criminal Records Bureau (CRB) service to assess applicants’ suitability for positions of trust, [Organisation Name] complies fully with the CRB Code of Practice and undertakes to treat all applicants for positions fairly. It undertakes not to discriminate unfairly against any subject of a CRB check on the basis of a conviction or other information revealed.

• [Organisation Name] is committed to the fair treatment of its staff, potential staff or users of its services, regardless of race, gender, religion, sexual orientation, responsibilities for dependants, age, physical/mental disability or offending background.

• We have a written policy on the recruitment of ex-offenders, which is made available to all CRB applicants at the outset of the recruitment process.

• We actively promote equality of opportunity for all with the right mix of talent, skills and potential and welcome applications from a wide range of candidates, including those with criminal records. We select all candidates for interview based on their skills, qualifications and experience.

• A CRB check is only requested after a thorough risk assessment has indicated that one is both proportionate and relevant to the position concerned. For those positions where a CRB check is required, all application forms, job adverts and recruitment briefs will contain a statement that a CRB check will be requested in the event of the individual being offered the position.

• Where a CRB check is to form part of the recruitment process, we encourage all applicants called for interview to provide details of their criminal record at an early stage in the application process. We request that this information is sent under separate, confidential cover, to a designated person within [Organisation Name] and we guarantee that this information will only be seen by those who need to see it as part of the recruitment process.

• Unless the nature of the position allows [Organisation Name] to ask questions about your entire criminal record, we only ask about ‘unspent’ convictions as defined in the Rehabilitation of Offenders Act 1974.

• We ensure that all those in [Organisation Name] who are involved in the recruitment process have been suitably trained to identify and assess the relevance and circumstances of offences. We also ensure that they have received appropriate guidance and training in the relevant legislation relating to the employment of ex-offenders, e.g. the Rehabilitation of Offenders Act 1974. 

• At interview, or in a separate discussion, we ensure that an open and measured discussion takes place on the subject of any offences or other matter that might be relevant to the position. Failure to reveal information that is directly relevant to the position sought could lead to withdrawal of an offer of employment.

• We make every subject of a CRB check aware of the existence of the CRB Code of Practice and make a copy available on request.

• We undertake to discuss any matter revealed in a CRB check with the person seeking the position before withdrawing a conditional offer of employment.

Many ex-offenders do a training course or some volunteering to learn new skills and do something positive and constructive. If you've got a recent work or learning experience to talk about at interviews it can help convince employers you've put your offences behind you. You will also make new contacts, which can increase your chances of being offered a job.

Even if you're still in prison, ask about courses and training. Make a start and don't leave it until you're released. Some prisoners can go to college, do training or study on day release. There should also be job clubs and centres with resources and staff to advise you. If you've got access to the internet you can use that to look for work. You can find out about courses and how to fund them from your jobcentre, probation officer, and support worker or by getting in touch with Next Step. Advisers can help you to decide which course would be the best one for you.

You could ask about Apprenticeships, where you learn on the job. As an apprentice you’ll be employed and receive a wage, you’ll work towards work-related qualifications, and you might be kept on by the employer at the end. There are no age limits to apprenticeships.

You can learn new skills through volunteering and get a recent reference after your conviction. It will also get you out and about, maybe among-st people who can offer you a job. Six out of ten jobs aren't advertised, so word of mouth is a good way to find a job. You can also make a good impression on potential employers first, which can encourage them to look beyond your convictions and see you as you are now.

As with most cases ex-offenders are not tailored with the same frame. Most Managers/Supervisors out there believe in second chances depending with the work environment that you work in; they are likely to give you a job on a lengthy probationary period in order to assess you before making you permanent.

There are some very serious and vulnerable jobs which include working with children and the elderly. These have to be considered and analysed at the very highest of regard because both the employee and employer might be penalised for negligence and a possible jail sentence just for overlooking these facts.