How to give ex-offenders a fair chance in the jobs market
13 March 2014
On 10th March, the Government implemented changes to the Rehabilitation of Offenders Act (ROA) for the first time since 1974. This legislation limits the length of time for which ex-offenders are required to tell employers about the criminal convictions – i.e. before it becomes spent - for most unregulated job roles, when asked.
Thu,13 March 2014 | Nicola Inge, Work Inclusion campaign manager Business in the Community
On 10th March, the government implemented changes to the Rehabilitation of Offenders Act (ROA) for the first time since 1974. This legislation limits the length of time for which ex-offenders are required to tell employers about the criminal convictions – i.e. before it becomes spent - for most unregulated job roles, when asked.
After a conviction is spent, in the eyes of the law the person concerned is considered to be rehabilitated. As of the 10th of March 2014, for many of those convicted of criminal offences, the length of time before before they are rehabilititated has been significantly reduced.
The Act is relevant for all employment that is unregulated. Regulated role, such as those working with young children, require full criminal record checks from the Disclosure and Barring Service.
The main changes that came into effect on 10 March are:
1. Increasing the length of maximum sentence capable of becoming spent
The changes extend the scope of the ROA so that prison sentences of up to and including four years in length can become spent. Under the previous legislation, the maximum sentence that could become spent is a 30-month prison sentence.
2. Starting the rehabilitation period from the end of the sentence
Currently, rehabilitation periods begin from the date of conviction and for the most minor sentences, (e.g. cautions, reprimands, fines) this will remain the case. However, for convictions resulting in a community, suspended or custodial sentence, the rehabilitation period will start from the end of the entire sentence.
3. Reducing most rehabilitation periods for adults and children
One example of these changes is that an adult - someone 18 or over on the date of conviction - sentenced to prison for between six months and 30 months will only have to disclose their conviction for four years from the end of their sentence, compared to 10 years from the date of conviction previously.
However, culture change, not legislation change alone, is needed to address this, with
research showing that 75% of employers discriminate against applicants because of their criminal record.
What can recruiters do to help give ex-offenders a fair chance?
The first step is to implement a recruitment process that assesses a candidate’s skills and abilities before taking relevant convictions into account. Recruiters can do this by removing the criminal record tick box from application forms.
A ticked box is often used as a proxy for bad employee. However, a candidate’s criminal record may pose no risk at all. Removing the box ensures that talent is not blocked at the first hurdle.
The legalities
There are certain regulated roles for which you may need a full criminal records check.
For other unregulated roles, it's at your discretion whether you find out about a candidate’s unspent criminal convictions – those still within the time period defined by the ROA.
The tick box, whilst commonplace, is not a legal requirement on application forms. Assessing skills first is the recruiter’s choice, as is the decision as to how and when they ask for disclosure.
How to ask
Recruiters should give applicants the chance to explain or account for their criminal record. This could be by letter or at interview. However if you plan to ask, this is about making an informed decision, not issuing a blanket ‘no’. A good recruiter will seek to contextualise the offences by considering:
You could ask after short listing, at interview, after you’ve selected the most suitable candidate, or after a conditional job offer.
The later you leave the disclosure process, the more likely you are to first consider whether the candidate is the right one for you.
On 10th March, the government implemented changes to the Rehabilitation of Offenders Act (ROA) for the first time since 1974. This legislation limits the length of time for which ex-offenders are required to tell employers about the criminal convictions – i.e. before it becomes spent - for most unregulated job roles, when asked.
After a conviction is spent, in the eyes of the law the person concerned is considered to be rehabilitated. As of the 10th of March 2014, for many of those convicted of criminal offences, the length of time before before they are rehabilititated has been significantly reduced.
The Act is relevant for all employment that is unregulated. Regulated role, such as those working with young children, require full criminal record checks from the Disclosure and Barring Service.
The main changes that came into effect on 10 March are:
1. Increasing the length of maximum sentence capable of becoming spent
The changes extend the scope of the ROA so that prison sentences of up to and including four years in length can become spent. Under the previous legislation, the maximum sentence that could become spent is a 30-month prison sentence.
2. Starting the rehabilitation period from the end of the sentence
Currently, rehabilitation periods begin from the date of conviction and for the most minor sentences, (e.g. cautions, reprimands, fines) this will remain the case. However, for convictions resulting in a community, suspended or custodial sentence, the rehabilitation period will start from the end of the entire sentence.
3. Reducing most rehabilitation periods for adults and children
One example of these changes is that an adult - someone 18 or over on the date of conviction - sentenced to prison for between six months and 30 months will only have to disclose their conviction for four years from the end of their sentence, compared to 10 years from the date of conviction previously.
However, culture change, not legislation change alone, is needed to address this, with
research showing that 75% of employers discriminate against applicants because of their criminal record.
What can recruiters do to help give ex-offenders a fair chance?
The first step is to implement a recruitment process that assesses a candidate’s skills and abilities before taking relevant convictions into account. Recruiters can do this by removing the criminal record tick box from application forms.
A ticked box is often used as a proxy for bad employee. However, a candidate’s criminal record may pose no risk at all. Removing the box ensures that talent is not blocked at the first hurdle.
The legalities
There are certain regulated roles for which you may need a full criminal records check.
For other unregulated roles, it's at your discretion whether you find out about a candidate’s unspent criminal convictions – those still within the time period defined by the ROA.
The tick box, whilst commonplace, is not a legal requirement on application forms. Assessing skills first is the recruiter’s choice, as is the decision as to how and when they ask for disclosure.
How to ask
Recruiters should give applicants the chance to explain or account for their criminal record. This could be by letter or at interview. However if you plan to ask, this is about making an informed decision, not issuing a blanket ‘no’. A good recruiter will seek to contextualise the offences by considering:
• The number and type of offences as well as the age of the applicant when they committed these offences
• Whether their offence(s) relate to the job
• Explanations for their offending behaviour
• How they’ve moved away from any previous criminal activity
You could ask after short listing, at interview, after you’ve selected the most suitable candidate, or after a conditional job offer.
The later you leave the disclosure process, the more likely you are to first consider whether the candidate is the right one for you.
