Recruiting ex-offenders can be a daunting prospect for talent acquisition specialists who want to comply with the law, minimise potential risk, and hire the best person for the job.  Over 11 million people in the UK have a criminal record — and historically out of all disadvantaged groups, those with a criminal record are the least likely of all to be employed.

Research suggests that having a stable job is a critical part of an offender’s journey back into society. Employment provides independence, status, earning power, a structured routine, social contact, and a sense of purpose and direction. It has a direct effect on reducing reoffending, cutting the number of crimes committed in our communities.

Having a recruitment strategy that includes employing people with a criminal record can provide access to a vast and valuable talent pool. Research shows that one in three men and 9% of women have a criminal record. Of those men with a criminal record, just over half had been convicted on only one occasion, and 85% were convicted before they were 30 years old. Success in unlocking access to this talent depends on making sure that every candidate is screened in line with role requirements — and otherwise assessed objectively for their suitability for the position.  

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.  In the UK there are three main types of criminal disclosures: basic, standard, and enhanced.

Carrying out a check is a relatively simple process, where the candidate provides their consent, the relevant responsible organisation or person applies to the authority, and the results are made available around two weeks later; but in many cases this process can be a lot quicker.

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. For roles where the candidate will be working with vulnerable people or sensitive financial information, for example, background checks are likely to be essential.  An assessment of the disclosure information should always be made on a case-by-case basis in order to determine if the information is relevant for the role and to the candidate’s ability to carry out their duties.  If any red flags are found, the candidate should always have the opportunity to explain their circumstances for a more informed decision on the hiring outcome.

Ethics around hiring ex-offenders
It is unsurprising that many employers tend to err on the side of caution when recruiting ex-offenders. In a candidate-led market with many organisations looking to create more diverse workplaces, you cannot afford to ignore the potential that exists in the labour market. Research has suggested that three out of four people are comfortable buying from this demographic — yet the employment rate of ex-offenders in the UK is still low, with only 25% of men leaving prison and going into employment and 20% when it comes to women.

A common perception amongst employers is that hiring an ex-offender will be a negative experience for their team, although research does not support this notion.  For example, 40% of employers say that this has increased their employee diversity and 92% report that this has enhanced their reputation, helping to win new deals. The societal impacts are also clear to see, such as the reduction in reoffending by up to 9%.  

Minimising risk
Employers need to ensure they have safeguards in place to minimise any potential risks. Confidentiality and honesty are key. However, at the heart of this, an organisation should consider having a policy of willingness and a desire to offer ex-offenders opportunities — this may encourage trusting relationships from the start.  In addition, there are a number of steps you can take to recruit the right people and to minimise potential risk, including having a written policy and ensuring all staff involved have relevant training.

Also bear in mind that the employer’s use of disclosure information should be proportionate. It’s important to first understand the requirements of the job role and how background checks can provide the necessary and relevant information, such as the candidate’s ability to occupy the position.

Lessons from Timpson
High Street shoe repair and locksmith firm, Timpson, is one of the largest employers of ex-offenders in the UK, with approximately 10% of its workforce made up of people who have criminal convictions.  The company’s website highlights the brand’s ethos around hiring these individuals. “We believe in giving people a second chance. We don’t judge people on what they have done in the past, preferring instead to focus on what they can do in the future. All the ex-offenders we recruit are risk-assessed and provide us with full disclosure during interview. This means we can make an informed decision about who we employ… The vast majority of ex-offenders we recruit are extremely loyal, productive, hardworking and make excellent colleagues. Many have been promoted and fully grasped the second chance they have been given. To put it simply, recruiting ex-offenders has been great for our business”.  In 2021 it was reported that the firm has employed more than 1,500 ex-prisoners, who helped the firm to turn over £209.3 million.

Best practice and Ban the Box campaigns
An organisation can ask individuals to voluntarily provide information about criminal convictions which have not been spent under the terms of the Rehabilitation of Offenders Act (ROA).  However, a number of companies are beginning to move away from this approach at the start of the hiring process. Once these convictions have been spent, an ex-offender can decline or legally withhold this information, unless the employer has special rights to ask for it.  For example, the organisation in question may have a legal duty to ensure they don’t employ those who have previously committed sexual offences which may endanger children or vulnerable adults.  In this case, an employer can verify the conviction information from a source such as the DBS or via a responsible organisation such as Sterling.  If you still have questions about this, the charity NACRO has a number of helpful criminal record resources.

Ban the Box is a campaign that aims to level the playing field for those with convictions to compete for jobs. The premise of the campaign is to encourage employers to give people with criminal convictions a fair chance by removing the tick box from application forms that ask for criminal convictions and encouraging questions about criminal convictions later in the recruitment process. This allows employers to fairly assess those with criminal convictions solely on their skills and suitability of the role, rather than past mistakes.  The current campaign has over 150 employers signed up, extending to over one million roles and counting.

Getting buy-in-from the board
As an HR professional, realising the potential of under-exploited talent pools is one of your superpowers, but selling the prospect of targeting ex-offenders in your recruitment strategy to the rest of the board may seem a like a difficult job.  

Begin by laying out the facts, and explaining how the intended screening process will mitigate against risk.  Remind your wider team that an ex-offender doesn’t often conform to societal expectations, and may simply be a great worker who has slipped up in the past.  To put things in perspective, in 2020 it was reported that almost a third of all women’s convictions in the UK were for not paying their TV license fee and less than 10% of people that receive a criminal record go to prison — nearly 70% of all sentences handed down are fines.

When vacancies are struggling to be filled, HR teams understand the potential of recruiting from beyond usual talent pools. The ‘Great Resignation’ has left many organisations shorted for workers, especially millennials, many of whom are in the under-30 bracket for criminal convictions cited above. When hiring with diversity in mind, HR staff may want to consider ex-offenders, many of whom can be invaluable employees, contributing to commercial success while promoting inclusivity in the workplace and playing a vital role in rehabilitation.

Employing ex-offenders is complex, but there is a great deal of support available from organisations such as NACRO, BITC, and Unlock.  Sterling also has a wealth of services and resources should you need additional advice in relation to your existing or future screening program.

At a time when three out of four people are comfortable buying from a brand that employs ex-offenders, and 92% of inclusive employers have reported that hiring ex-offenders has improved their company’s reputation, your business could very well benefit from tapping into this underutilised talent pool.