www.bitc.org.uk

Ban the Box webinar #3

How to respond to the disclosure of

criminal convictions

3rd June 2014

www.bitc.org.uk/banthebox

Nicola Inge, Campaign Manager

Business in the Community

Scott Hill, HR Director – Support Services

Interserve

Howard King, Projects Director

J M Scully

Dominic Headley, Legal Officer

Nacro

Our speakers

www.bitc.org.uk/banthebox

Ban the Box

Ban the Box asks employers to give people with a criminal record a second chance through an informed recruitment process that considers skills and abilities first.

We are asking UK employers to:

• Ban the Box: Remove the default ‘tick box’ asking about unspent criminal convictions from job application forms;

• Commit to making an informed decision about when and how they seek disclosure of criminal convictions, if at all.

www.bitc.org.uk/banthebox

What’s wrong with the box?

• 75% of employers admit to using the box to either reject a candidate outright or select between candidates

• One is seven would reject any applicant with a criminal record regardless of the nature or relevance of the offence

• No opportunity to contextualise, to explain, to show progress since conviction

• The very people who need to get into work are self-selecting out because of tick box

• Employers are missing out on committed and reformed individuals who want to get into work

www.bitc.org.uk/banthebox

www.bitc.org.uk/banthebox

Stages to consider when responding to

disclosure

Remember the applicant

• Managing expectations

• Keeping them informed

Equipping recruiters

• To assess information

• License to hire

Deciding whether to hire

• Informed process to guide decisions

• Real risk and relevance considered

Once the decision’s made

• Informing and advising the applicant

• Who else needs to know? Manager and others?

www.bitc.org.uk/banthebox

15 businesses have already Banned the

Box, covering 175,000 employees

www.bitc.org.uk

Scott Hill

Interserve Support Services

Redefining the future

for people and places

Redefining the future |

10

Our business.

2013 Profit

Future workload - 2014

2013 Revenue

£86.7 million

£2,192.6 million

£6.4 billion

A little bit about Support Services....

United

Kingdom

45,000 client sites

53,000 employees

Top 3 UK FM

provider

12,000 private and

public sector

clients

Europe & ROW

450 sites across

Ireland, Spain,

Gibraltar, Cyprus,

Falkland and Ascension

Islands

14 UK embassies in

Northern Europe

countries inc. France

for Foreign and

Commonwealth Office

Some of our clients

Industry recognition

Quality Environment

ISO 9001:1999 ISO 14001: 2004

Health & Safety

OHSAS 18001

Human Resources

Security Cleaning Maintenance

ECA - Electrical Contractors Association

ECIA - Engineering Construction Industry Association

NASC - National Access and Scaffolding Confederation

NICEIC - National Inspection Council for Electrical Installation Contractors

GasSafe – Gas Safe Register

HVCA - Heating and Ventilation Contractors Association

Our people strategy

HR Inclusion and Diversity

• HR is a fully integrated business partner to our customers

and our customer’s customer

• We drive efficiency and subject matter expertise via a shared

services team and bespoke understanding and flexibility

through our embedded business partner model

• Employee engagement and life long learning are at the heart

of our approach to people management

• Social sustainability, including; working with the

communities within which we work, well being and equality

and diversity are at the centre of our business plan and the

basis on which we do business

Equality & Diversity

Interserve & Ban the Box

• The box is completely banned aside from where

contractual or legal requirements require an

upfront disclosure – declared to the applicant as a

first step in the application process

• Aligns with our approach to Equality & Diversity

• Heart of our recruitment and sourcing strategy –

“find the right skills and capability to do the job”

• Incorporated into our SustainAbility plan in

supporting “disadvantaged” work groups

Responding to Disclosures

Policy and applicant expectations managed from the start if a disclosure is required

Recruiters trained on legal requirements and follow sourcing strategy – recruit the right skills and capability for the job

Recruiters and HR team trained on how to understand disclosures

Full risk assessment done on any disclosures in accordance with policy. RA includes looking at role applied for and contract being work on. Completed by HR Business Partner

Legal advice provided by Company solicitors when needed

Managed through

technology

Provided by Govt. Agency

and Company solicitors

Managing information

Managed in accordance with the law, DPA regulations and Company

retention policy

In the event of a risk assessment resulting in a job offer, disclosure information is not shared with the line manager (unless there exists a specific requirement to share this)

In the event of a risk assessment resulting in the application being declined, the feedback is given to

the applicant – by a trained manager or member of HR

All information held on secure IT systems and any documents held on

the Company DMS

www.bitc.org.uk

Howard King

J M Scully

www.bitc.org.uk/banthebox

A case study

Overcoming

barriers to recruit

the best candidate.

• Why?

• How?

• What support was

accessed?

©Pam Lau, some rights reserved

www.bitc.org.uk

Dominic Headley

Nacro

© Copyright Nacro 2014

30 years old, fully qualified plumber, partner and two young children, mortgage, full UK driving licence. Joe has worked for a local employer for 3 years and can provide excellent references

Criminal RecordBurglary with intent to commit criminal damage, drugs possession, arson, assault, possession of offensive weapon, speeding

Last conviction (speeding offence) 5 years ago, but ten years ago Joe served 12 month custodial sentence for assault

Joe is applying to work as a general plumber for large employer

Joe’s convictions will all be ‘spent’ under Rehabilitation of Offenders Act 1974 in 3 months time: 3rd September 2014

Disclosure legislation/DBS Code of Practice: Ensure to ask appropriate criminal record declaration for the role

Disclosure information should inform risk assessment process

Have you already got a robust safe recruitment process in place?

Does applicant fulfill all other aspects of the recruitment process: i.e. skills, qualifications, abilities, experience, other assessments, interview, pre-employment checks, references,?

Has the applicant disclosed? If not, why not? Banning the box prepares both the applicant and the employer to embrace positive disclosure

Always document your decisions and rationale to hire or not hire

Apply a balanced and rational approach: the objective is not to further punish applicant for their past mistakes.

Real risks rather than perceived risks: common sense approach.

What is your organisation’s actual experience of employing people with convictions?

Treat applicants on case by case basis rather than stereotyping or generalising.

Key factors that an employer may wish to consider

Challenge the picture that you may have built up in your mind about the applicants criminal record or the offence code e.g. battery

Criminal record risk-assessment should consider all of the following: Nature and seriousness of the offence Relevancy of the offence(s) to the role Length of time since the last offence Pattern of offending Age at the time of first/last offence Circumstances of the offence(s) Attitude to the offence(s) – then and now Efforts made to: address past issues; not re-offend; make a change

for the better Change in circumstances and responsibilities taken on

Consider TILETask – what will this person do for you, what responsibility will they have for others, confidential work etc?

Individual – what do you know about the person, their character, attitudes, skills and abilities?

Load – how much pressure will they be exposed to; what level of accountability will they carry?

Environment – how will they work – in a team or on their own, home or in an office, day or overnight; is there a support network or complete self reliance?

Unless barred: It is completely down to employer’s discretion

Start with something positive Tell the employer why they are applying for the role, what they can offer,

previous experience, skills, abilities etc.

Explain the offence(s) in their own words Tell the employer what the circumstances were, why the offence happened

and highlight any mitigating factors (e.g. addiction issues, in with the wrongcrowd, loss of a loved one etc.). Do not let mitigation sound like an excuse.

Reassure the employer that they are not a risk Explain what they have been doing since the offence (e.g. courses you have

successfully completed), how they have addressed their issues, anyresponsibilities they have taken on (family, financial). Explain what they havelearnt from the offence .

Why are you applying for this job?

What makes you think you can do it?

Can you tell me about your offence(s)?

When did you commit it (them)?

Why did you commit it (them)?

How did you feel at the time? How do you feel now? How can I be sure that you

are not a risk? How is your life different

now?

A positive disclosure statement can inform the risk assessment process and is key tool when information gathering

Applicants can obtain top tips on how to draft a positive disclosure statement on Nacro website or by calling the Helpline 02078401212

Burglary with intent to commit criminal damage

Joe was homeless when he was aged 16; during oneparticularly cold winter night, he searched for somewhereto sleep. He came across an old, derelict, disusedwarehouse and sought shelter for the night.

A neighbour saw him entering the building and called thepolice.

Arson

Joe set fire to an empty litter bin in order to keep warmduring the cold winter night that he sought shelter in thedisused warehouse.

There was no suggestion that he had endangered anyone’slife and he received an 18 month conditional dischargeorder for the offence

Possession of an offensive weapon in a public place

Whilst training as a plumber Joe was stopped one eveningby the police in possession of a wrench. He tried to explainthat he had retrieved the wrench from a job where he leftit behind, but he was arrested and charged. He ultimatelyreceived a conditional discharge order for possessing anoffensive weapon in a public place.

Nacro’s Resettlement Advice Service Park Place, 10-12 Lawn Lane

London, SW8 1UD

Dominic Headley (Legal Officer)Direct dial: 020 7840 7235

Email: dominic.headley@nacro.org.uk

Employer advice: 0845 600 3194Email: employeradvice@nacro.org.uk

Helpline: 020 7840 1212 or 0800 0181 259 (prisoners only)Email : helpline@nacro.org.uk

www.bitc.org.uk/banthebox

Questions?

Do I need to do a basic check

before responding to the disclosure?

Can I use someone else’s risk assessment

framework to help make decisions?

How can I find and replicate best practice?

How do I justify my decision to more senior

people in my organisation?

Do I have to tell a client or contractor about the details of employees’

convictions?

Can I automatically exclude people with certain offences?

How do I make sure my hiring managers

feel supported to recruit people with

convictions?

www.bitc.org.uk/banthebox

Further advice and support

• The Ban the Box resource bank leads you through the practical

steps and information required to help your company to create the

right recruitment process for you

http://www.bitc.org.uk/programmes/ban-box/resource-bank

• Disclosure and Barring Service (DBS)

https://www.gov.uk/government/publications/dbs-check-eligible-positions-

guidance

• Nacro

www.nacro.org.uk / 0845 600 3194 / employeradvice@nacro.org.uk

• Unlock

www.unlock.org.uk / 01634 247350 / christopher.stacey@unlock.org.uk

www.bitc.org.uk/banthebox

Next steps…

1) Sign the petition at www.change.org/banthebox

“We cannot complain that people don't change if we

don't give them a chance to do so.”

Nicola Singleton, Lewes, petition signatory

2) Email Nicola.Inge@bitc.org.uk to tell us if you’re banned

the box or are planning to, or to request support.

3) Register online for the next in the series of webinars: How to Ban the Box, 23rd September, 12.30-1.30pm http://www.bitc.org.uk/news-events/events/webinar-how-ban-box

www.bitc.org.uk

Thank you!

www.bitc.org.uk/banthebox

#bantheboxuk

banthebox@bitc.org.uk