Employment and ex offenders

Issue date

30 Jun 2006

Section one : foreword

The fair treatment of ex-offenders in the workplace and the jobs market is an important issue for all of us. Nearly a third of all men have a criminal conviction by the age of 40. The vast majority of these want to do all they can to settle down to stable and constructive lives, and the Government is determined to help them to do so.

We are committed to protecting the public and reducing re-offending. Work and stable accommodation are critical to breaking the cycle of re-offending and enabling ex-offenders to build new lives and put something positive back into their communities .

There is already much good work being done through the New Deals and other programmes, and there is scope for improving connections between the Criminal Justice System and other agencies involved in the resettlement of ex-offenders. Government will do this by:

investment in links between the Employment Service and the prisons;
ensuring that prisoners have access to education and training in prison and on release;
the investment of £30 million over the next three years in a new Custody to Work Unit.

Beverley Hughes We are determined to develop a robust and coherent approach to the rehabilitation of offenders across Government. Those in work are half as likely to re-offend compared to those without a job. Key partners, such as the TUC, have a central role to play supporting rehabilitation in the workplace. We commend this document to you.

Rt Hon Nick Brown MP

Minister of State, Department for Work and Pensions

Beverley Hughes MP

Parliamentary Under Secretary of State

Home Office

Section two : why does the TUC care about ex-offenders?

This briefing promotes fair employment policies for people with a criminal record, and looks at how programmes for unemployed people like the New Deal can help more ex-offenders into employment.

People who have committed crimes are not popular, and some people reading this briefing will wonder why the TUC is interested in helping them to get jobs. Isn't this, they'll be wondering, a bit like rewarding them for their offences?

There are two answers to this question. One is that trade unions have an agenda for social and economic reform:

Unions have always campaigned for full employment. This briefing presents evidence that suggests that a high proportion of unemployed people have a criminal record - if we want lower unemployment, then Government policy has to address this.
Helping ex-offenders into jobs is one of the most effective ways of preventing them from re-offending: all of us are less likely to be the victims of crime if we can help ex-offenders into work.

The second answer is that fair treatment in employment for ex-offenders is also a union issue because many of those who do get a job will be our members. Tens of thousands of workers are ex-offenders, and it is likely that many will be union members. Unions have a duty to promote fair treatment of all their members, including those with a criminal record.

This briefing shows that there is also a business case for fair treatment: many workers with a criminal record are valued employees, contributing to the success of their company. Businesses that discriminate against people whose record is irrelevant to the job they are doing or applying for will be less likely to recruit or retain the right person for the job, and find it more difficult to manage this aspect of personnel policy. Businesses that discriminate in this way will find that employees and applicants fail to disclose their records, causing difficulties when their record is relevant to the job.

This briefing opens with some of the facts about ex-offenders and employment. It shows that ex-offenders are particularly likely to be unemployed, but that overcoming this problem would make a major contribution to bringing down re-offending rates. There are two main reasons why ex-offenders are disproportionately likely to be unemployed: employers are reluctant to recruit them, and, as a group, ex-offenders have low levels of skills and qualifications, and are particularly likely to have other problems (like drug/alcohol addiction) which render many of them unlikely to get jobs, even when employers are not opposed in principle to recruiting people with a criminal record. There is also a positive side to this story: well-resourced effective programmes have succeeded in helping ex-offenders into jobs, and there are case studies from these programmes in the boxes.¹

This briefing proposes a two-pronged union strategy to deal with these problems: we can help businesses to promote good employment practice, and we can talk to the Government about improvements to programmes like the New Deal. The Social Exclusion Unit (SEU) is currently looking into the long term strategy to reduce the rate of re-offending, unemployment and homelessness amongst ex-prisoners, which includes how to boost the rate of employment of ex-offenders. This report will form the TUC's contribution to the SEU exercise.

Section three : ex-offenders and unemployment

Ex-offenders are particularly likely to be unemployed, and those who are unemployed are particularly likely to be long-term unemployed. Unemployment figures for ex-offenders generally are hard to come by, but figures are available for those supervised by the probation service:

A 1997 Home Office survey of 3,300 ex-offenders on probation found that only one in five of the sample was employed or self employed, compared with three in five of the general population. (Mair and May, 1997, 8)
A survey by Hampshire Probation Service found that 65% of their young offender clients had been unemployed for more than 6 months. (Employment Service, 1999, 46).

Hazel has spent several short periods in prison for social security frauds that she committed because she couldn't cope with ever-increasing debts and needed the money for her daughter. Now she has a decent income from her job as a chef at the head office of a major Government Department there is much less chance of her committing an offence again.

These problems are probably not limited to ex-offenders on probation, as we know that most prisoners are released without a job to go to:

A study of two employment schemes found that 50% of ex-offenders in Surrey and 60% in inner London were unemployed. (Sarno et al, 1999, 1)
The Chief Inspector of Prisons has said that 'Current figures suggest that 90% of those leaving prison will be unemployed, at least initially.' (HM Chief Inspector of Prisons, 1997- 98, 8).

Why this is important

Ex-offenders are not a small group that can safely be ignored: 31% of men have a criminal record by the time they are 40.²

There is evidence that, in Jack Straw's words, 'crime breeds when individuals are left without a stake in society.... getting a job is the best thing that any ex-offender can do':³

A 1990 Home Office review of research found that ex-offenders were half as likely to re-offend if they found and kept a job.⁴
A 1995 analysis of 400 studies from around the world found that employment programmes for young offenders could be highly effective in reducing offending.⁵

Why ex-offenders are particularly likely to be unemployed

Employers' attitudes

Many employers are cautious about employing ex-offenders:

A 1997 survey of 160 business leaders by MORI found that only 18% would actively consider taking on ex-offenders as trainees, and only 7% would consider having a policy of recruiting ex-offenders as permanent staff. (Nacro, 1999a, 3)
A 1997 survey of 69 London employers found that, while 93% were willing to offer jobs to unemployed young people, 71% to young people with no qualifications and 47% to homeless young people, only 46% would offer jobs to young people with criminal records. Even when assured that a young person with a criminal record had the right abilities and qualities for the job, most would still not offer a job.⁶

Skills and qualifications

As a group, ex-offenders have very low levels of skills and qualifications. The 1997 Home Office survey referred to earlier found that 12% had gained O levels (or equivalent) compared with 19% of the general population. (Mair and May, 1997, 8) A study of two employment schemes for ex-offenders found that many participants had left school before 16. In one scheme just under half the participants had no qualifications at all:

ex-offenders and qualifications


Left school before 16	25%	34%
No qualifications	49%	33%

(Source: Sarno et al, 1999, 2)

Section four : how to reduce unemployment among ex-offenders

Cheryl is 33, and had not had a job for some time. When she lied to the police about the whereabouts of her partner she was convicted of conspiracy to pervert the course of justice, and sentenced to community service at a local elderly persons' home. She did so well the manager of the home offered her a permanent job, which she still has.

From the evidence above two objectives emerge for unions: we can press for fair offence is not relevant to a job, and we can engage with the Government in discussions about improving employment programmes to help increase the level of skills and qualifications of ex-offenders.

Fair employment for ex-offenders

The business case for fair policies

There are good social reasons for employers not to discriminate against ex-offenders whose offence is not relevant to the job in question:

Someone who has been to prison has already been punished for their crime, and punishing them a second time, without reference to the courts, would be unfair.
The evidence above suggests that getting ex-offenders into jobs is a good way to reduce the chances that they will offend again.

But unions taking up this issue are likely to find there are other arguments employers will find more persuasive. Firstly, the Rehabilitation of Offenders Act 1974 provides some protection for ex-offenders (see Annex 1). Secondly, many employers will be more impressed by the business case for fair treatment:

By excluding a group of potential recruits whose offences are not relevant to the jobs they offer, businesses make it less likely that they will get the right people for those jobs. A 1991 Apex Trust survey of employers who had recruited ex-offenders, found that 67% of public sector and 82% of private sector organisations said that they were satisfactory employees.⁸
All that discrimination does is to undermine effective personnel management. Many job applicants have committed crimes but do not have a criminal record (only 3% - 4% of crimes against individuals and their property result in a conviction or caution⁹), or have spent convictions. Discrimination may not even succeed in excluding people with unspent convictions: many ex-offenders, because they worry that employers discriminate against people with a criminal record, fail to disclose their record when they apply for a job, and may even deny it if asked.

David is 42, and his most recent conviction was for obtaining property by deception from his employer - which made other employers particularly wary of offering him a job. David was recruited by a company that had been very impressed by him at interview, but made it clear he could not have a job handling money. The company's sensible recruitment policy ensured they got the right person for the right job.

There are cases where a criminal record can be relevant to a job, which means that it is in employers` interests to encourage voluntary disclosure, so they can judge whether this is the case in this instance. Blanket discrimination simply makes it less likely that job applicants will volunteer this information. Ex-offenders will be more likely to disclose their records if they are sure they will have a fair chance of being appointed to jobs they are qualified for, and where their offence is not relevant.

Union concerns

Good practice in the employment of ex-offenders is a union issue. Like employers, unions have an interest in reducing unfair discrimination against ex-offenders: if 31% of men have a criminal record by the time they are 40, the chances are that thousands are union members.

Just as businesses have to consider the interests of their customers and other staff, so unions have a duty to protect the interests of other members: we would not welcome policies which made them more likely to be the victims of crimes by co-workers.

Obviously there is some tension between these objectives for unions, just as there is for businesses that want to avoid unfair discrimination without putting employees and customers at risk. It is an important tension to resolve, however, as many employers will argue that they will not employ ex-offenders because their prospective colleagues would object. It would be a shame if union opposition were to be an obstacle to the introduction of positive policies.

The best way in which businesses can minimise staff opposition to positive employment policies is to work with unions in developing and implementing them. Unions can ensure that co-workers` concerns are raised and addressed, and help win a positive commitment to making a success of the policy.

Ray was 17 when he was sentenced to life for murder. He learnt catering in prison, and is now the Head Chef at a major higher education institution.

Just as there is a business case for positive employment policies for ex-offenders, so there is a union case. Just as businesses will be able to manage their staff more effectively if they do not discriminate against ex-offenders whose offences are not relevant to a job, so union members should be more secure where such a policy is followed. Non-disclosure will be minimised, and the employer will be better able to manage recruitment in a way that promotes the security of employees and customers.

Good practice

The National Association for the Care and Resettlement of Offenders is working with employers on a project (called Going Straight to Work) to develop best practice in the employment of ex-offenders. The TUC is actively supporting this project, which should produce useful real-world advice.

The TUC also supports Nacro's good practice guidelines, (Nacro, 1999b, 4 - 6) which are designed to encourage disclosure and to ensure that employers' decisions (especially those about about recruitment) only take ex-offenders' convictions into account in when they are relevant:

Relevance

Because ex-offenders have much to offer those wanting to recruit staff from the widest possible base, employers should consider including ex-offenders within their recruitment policies and practices.
Employers should take any relevant unspent convictions into consideration when deciding whether to shortlist/appoint the applicant, but convictions should not necessarily be a bar to employment.
Employers should not automatically dismiss an employee if undisclosed convictions come to light.¹⁰

Disclosure

Employers who require applicants to disclose details of a criminal record should state on the application form that disclosure will be requested at the short-listing or interview stage.¹¹
Employers should tell job applicants that they do not have to disclose spent convictions, and should ignore any spent convictions inadvertently disclosed (unless it is an exempt post).

Adrian, 22, was a persistent petty offender. When he left jail the New Deal offered him the outdoor work experience he was looking for, and he made the most of his opportunity. After the New Deal, Adrian got a job with his local council, where he is now seen as a good steady employee.

Where a post is exempt from the Rehabilitation of Offenders Act, employers can ask for the disclosure of spent as well as unspent convictions. Where this is done it should be made clear on the application form.
Employers who are not certain that the post in question is exempt should ask Nacro for advice.
Of course, for some jobs (such as work with children or vulnerable adults) police checks are an important part of public protection, but employers should not rely only on this source of information. Police records only contain limited information, and errors in data entry can lead to records not being found - or the wrong ones being obtained. Good recruitment policies and practices are still needed: taking up references, talking to referees and interviewing candidates carefully.

David was seen as unemployable after serving two years for serious fraud against an employer. A motivational course helped him get the most out of the New Deal, including a NVQ. He has now been working in catering for 3 months.

A useful, and more detailed, set of good practice recommendations is included in the Chartered Institute of Personnel and Development's guide, Employing People with Conviction. (CIPD, 2001)

Finally, union lay and full-time officers may, in the course of their duties, find out about a co-worker's criminal record - if, for instance, a member approaches them about a problem related to having a record. The TUC believes that officers should normally regard this information as confidential, and not repeat it to the employer or anyone else. If they are in doubt about the application of this principle they should ask their union for advice.

The New Deal and ex-offenders

As a group, ex-offenders face significant difficulties in getting jobs but it would be wrong to assume that they cannot be helped. Research by Andrew Bridges shows that ex-offenders assisted by probation services were twice as likely to get jobs than those where interventions were not made.¹²

The New Deal is the Government's flagship programme for getting unemployed people into employment, particularly those from disadvantaged groups. The New Deal can make an important contribution to improving the employment prospects of ex-offenders. More than a quarter of those benefiting from early entry to the New Deal for Young People are ex-offenders. The following comments and recommendations relating to the involvement of ex-offenders in the New Deal are based on discussions with organisations working with ex-offenders both within the New Deal and outside it, including the National Association of Probation Officers and Nacro.

Many of the programmes and activities provided within prisons should focus on improving prisoners' employment prospects and, where appropriate, prisoners should be encouraged to join the New Deal on release. They should be provided with information about New Deal prior to their release, and, where necessary, interviews with New Deal Advisers should be arranged as close as possible to a prisoner's release or as soon as possible after release. The Prison Service's own Welfare to Work Programme (see Annex 2) shows that when such links are made prisoners are more likely to join New Deal immediately on their release.
Probation services should continue to develop their links with the Employment Service and with New Deal Advisers in particular. Ex-offenders who have serious and/or multiple disadvantages, which hinder their job search, and the Probation Service should provide additional support to enable them to reach a point where they can benefit from New Deal. Probation services can also have an important role in supporting ex-offenders while they are on the Gateway or New Deal options. The TUC welcomes the intensification of the Gateway to New Deal that will provide early diagnosis and prompt referral to specialist provision. This will benefit many ex-offenders as well as other disadvantaged groups.

Pat is 30, and has convictions for motoring offences, burglary and theft, culminating in a sentence of 4 years for dishonesty, burglary and possession of heroin. The probation service referred him to a charity, who specialise in helping ex-offenders and former drug users into employment. With this help Pat secured a permanent job as a packer, and has succeeded in staying off drugs.

Some employers have concerns about the risks of employing ex-offenders. In many cases the risk of employing ex-offenders is no greater than employing non-offenders. The New Deal enables ex-offenders to get valuable work experience that will prove to employers that they want to put their past behind them. The Employment Service advisers should continue to encourage employers who have signed up to New Deal to recruit the right person for the job, and this includes the recruitment of ex-offenders. The Employment Service should continue its current practice of reminding employers of the advantages of recruiting from the widest possible pool of potential employees, and to discourage discrimination when current convictions are not relevant to the advertised vacancy.
As unemployment falls, those who remain unemployed tend to be the most difficult to place into employment. Many of these people will be ex-offenders. As many ex-offenders do not disclose their convictions to the Employment Service and because the ES are at present unable to retain or update any information they might receive about a person's convictions, there is little data about offender involvement in New Deal. The prison and probation service should monitor the involvement of ex-prisoners and probationers in New Deal and provide this information to the Employment Service who can ensure that the programme meets the many and complex needs of ex-offenders.
The success of New Deal in meeting the employment needs of ex-offenders depends upon co-operation between criminal justice agencies and employment agencies. A National Framework Document for the employment of ex-offenders provides the basis for such co-operation (Annex 3). The TUC would like to see the Document include information for agencies on how they might co-operate to improve ex-offenders' access and involvement in New Deal.
In February 2001, the Government launched a new £50m DfES-Prison Service learning and skills partnership to improve vocational and basic skills in prisons and help build plans for further development. The partnership is supported by a Prisoners Learning and Skills Unit reporting to DfES and Home Office Ministers, which will review the delivery, funding and procurement of education and training in prisons, with a view to recommending early changes and building capacity. The Unit will also respond to new developments, including the Government's plans to reform the criminal justice system and the Social Exclusion Unit's report on re-offending and re-settlement.

Annex one : the law and disclosure of a criminal record

The main legal constraint on employer discrimination is the Rehabilitation of Offenders Act 1974.¹³ Under this legislation ex-offenders applying for jobs do not have to disclose 'spent' convictions - they can say they do not have any convictions. Convictions are spent after a 'rehabilitation period' which begins on the date of the conviction. The duration of the rehabilitation period depends on the length of the sentence and the offender's age when convicted - people under 18 when convicted have shorter rehabilitation periods. Sentences over 2.5 years never become spent; for other sentences the rehabilitation periods are:

	People over 18 when convicted	People under 18 when convicted
6 months to 2.5 years	10 years	5 years
6 months or less	7 years	3.5 years
Fines, probation, compensation, community service	5 years	2.5 years
Absolute discharge		6 months
Supervision, care order, conditional discharge, binding over	The longer of 1 year or until the order expires
Attendance centre order	1 year after the order expires
Hospital orders	The longer of 5 years or 2 years after the order expires

The exceptions, where people have to declare spent convictions are:

Jobs working with people under 18 (such as people working in schools, youth and social workers and child minders);
Social services for elderly, chronically sick or disabled people and alcohol/drug misusers;
The administration of justice (including police officers, probation officers, traffic wardens);
Professions which have legal protection (including lawyers, doctors, dentists, nurses, chemists and accountants); and
Jobs involving national security.

In other jobs, whether a conviction is spent or not, ex-offenders do not have to disclose convictions to employers unless they are asked. (Nacro, 1997b, 1) The 1974 Act does not give ex-offenders any rights not to be discriminated against, but employees employed for more than one year who are dismissed for a spent conviction may be able to claim unfair dismissal. (Nacro, 1997b, 3)

The Rehabilitation of Offenders Act is well-established and reasonably well-understood. In the future the Criminal Records Bureau (CRB) established by the Police Act 1997 will also be an important factor in the employment of ex-offenders. The CRB will run a system called Disclosure, which will provide access to criminal records information for employers recruiting employees, and voluntary organisations recruiting volunteers. From Autumn 2001 there will be two types of Disclosure:

Standard disclosures are intended for positions involving regular contact with children or other vulnerable people, and other positions of trust, such as accountancy. The information about an individual which will be included in these Disclosures will include all convictions, including those which are current or spent, and any cautions, reprimands or warnings on the police national computer.
Enhanced disclosures are intended for positions that require greater contact with young and vulnerable people, such as those where the appointee might supervise them, and for people seeking gaming or lottery licences or judicial appointments. These Disclosures will contain the same information as Standard Disclosures, plus any information that may be held locally by the police.

In 2002 a Basic Disclosure will be introduced - listing all a person's unspent convictions. All employers and voluntary organisations will be able to require applicants to produce a Basic Disclosure.

Annex two : the prison service welfare-to-work programme

Mike took part in the programme, and was released in July 1999. It took him a little while to settle down, but he is now working as a trainee chef.

Paul also took part in the programme. He is now working as a hospital night porter, but plans, with help from the Prince's Youth Business Trust, to start his own business, as a market trader.

Thirteen prisons and young offender institutions are running pre-release schemes, designed to improve participants' job skills and employability. The Prison Service Welfare-to-work Programme,¹⁴ begun in April 1998, is linked to the New Deal for Young People, making use of ex-offenders' right to early entry onto the Gateway. The programme has five elements:

An initial assessment of aptitudes, prospects and needs.
An 8-week 'Into Work' programme, offering up to 7 certificates in job preparation and job and life skills.
(In 2 Young Offender Institutions) extra cognitive skills courses where appropriate.
Extra advice on employment prospects and opportunities is available.
Planning for discharge, in association with the Employment Service or Careers Service and the Probation Service.

By the end of March 1999 2,430 prisoners (58% of those eligible) had started the programme, and 1,625 had finished it. 78% of those starting had completed or remained in the programme. The programme encouraged much higher rates of joining the New Deal Gateway soon after release, and consistently Gateway entry levels were found to be higher among the pilot group than among the control group. The Home Office evaluation of the pilot found:

Inmates achieved, on average, 5.6 of the 7 certificates possible.
90% of participants completed an Action Plan.
73% of participants had pre-arranged Jobcentre interviews. Some would not have been for New Deal, but people from the pilot group were much more likely to join the Gateway early than those from a control group.

Annex three : the National Framework Document on improving the employment prospects of ex-offenders

Early diagnosis and referral, pre-New Deal and pre-release provision all depend upon effective co-operation by different agencies. The National Framework Document (DfEE, 1998), agreed for England and Wales by DWP, the Employment Service, the Prison Service, the TEC National Council, the Benefits Agency and the Association of Chief Officers of Probation provides the basis for this co-operation.

Launched in February 1998, the framework offers an opportunity for agencies concerned with the employment and rehabilitation of ex-offenders to consider ways of enhancing their employment prospects within local communities. This arrangement aims to ease the transition from custody to making a new claim and to the early identification of barriers that, without additional help, might preclude an offenders' re-entry into the labour market. The Employment Service ( ES) are currently working with other government departments and agencies on a review of the document, which will be revised and re-launched during 2001. ES and it's Scottish Partners have also agreed parallel arrangements for Scotland and the official launch of the Scottish Framework Document took place at HMP Barlinie on 10 May 2000.

: bibliography

APEX TRUST (1991) The Hidden Workforce.

BRIDGES A (1998) Employability of Offenders: An Inquiry Into Probation Service Effectiveness, Probation Studies Unit Report No 5.

CHARTERED INSTITUTE of PERSONNEL and DEVELOPMENT (2001) Employing People with Conviction.

DEPARTMENT FOR EDUCATION AND EMPLOYMENT (1998) National Framework Document to assist in the development of local agreements to improve the employment prospects of offenders

EMPLOYMENT SERVICE (1999) New Deal - From Policy to Practice.

HAINES K (1990) After-care Services for Released Prisoners, Home Office.

HM CHIEF INSPECTOR OF PRISONS (1997-98) The State of Our Prisons.

MAIR G and MAY C (1997) Offenders on Probation, Home Office.

MARK SPILSBURY PUBLIC ATTITUDE SURVEYS (1997) Excluded Youth.

McGUIRE J (ed) (1995) What Works in Reducing Offending.

NACRO (1997a) Rehabilitation of Offenders Act 1974.

NACRO (1997b) Disclosing Convictions.

NACRO (1999a) Going Straight to Work.

NACRO (1999b) Employing Offenders: Advice to Employers.

NACRO and PRINCE`S TRUST (1998) Wasted Lives.

PRISON RESEARCH AND STATISTICS GROUP (1999) Welfare to Work for Prisoners: Third Interim Evaluation.

SARNO C et al (1999) Probation Employment Schemes in Inner London and Surrey, Home Office Research Findings 89.

notes

1. Individuals' names have been changed.

2. Home Office, Criminal Careers Bulletin, 2000. The term 'criminal record' does not include minor motoring offences, though it does include more serious offences, such as drunk driving. The proportion of women will be much lower, as there are nineteen times as many men in prison as women.

3. Commons Hansard, 30 July 1997, col 343.

4. Haines, 1990, quoted in Nacro, 1999a, p 2.

5. McGuire (ed), 1995, quoted in Nacro, 1999, p 2

6. Mark Spilsbury Public Attitude Surveys, 1997, quoted Nacro, 1999a,p 3.

7. Probation Service analysis, September 1998.

8. Apex Trust, 1991, quoted in Nacro, 1999a, p 6.

9. Nacro data.

10. If an employee can prove that they have been dismissed for a spent conviction and they have been in employment for one year or more, they may be able to claim unfair dismissal under employment legislation.

11. Waiting too late to ask for this information can cause applicants to withdraw at the last moment. The Employment Service produces a very useful guide to disclosure - when to disclose, how to disclose - for ex-offenders: Just for the Record, DfEE leaflet OFJ1, available from local Jobcentres.

12. The study looked at 480 cases where ex-offenders had been unemployed at and soon after the start of their supervision by 11 different area probation services. The study found that where such interventions had been made, 40% started a job at some point before supervision ended, compared with 20% where there was no employment-related intervention. Unfortunately, there was no employment-related (262), and the study concluded that the 'probation services can increase offender employability, aiding the objectives of both the Home Office and the DfEE, but that they could become even more effective.'

13. The information in this section is taken from Nacro, 1997a.

14. Information about the programme was provided by the Prison Service Young Offender Group and the Home Office's Prison Research and Statistics Group.