Webinar slides - Business in the Community

Ban the Box webinar #3
How to respond to the disclosure of
criminal convictions
3rd June 2014
www.bitc.org.uk
Our speakers
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
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 selfselecting 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
Equipping recruiters
• Managing expectations
• To assess information
• Keeping them informed
• License to hire
Deciding whether to hire
Once the decision’s made
• Informed process to guide
decisions
• Informing and advising the
applicant
• Real risk and relevance
considered
• 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/banthebox
Scott Hill
Interserve Support Services
www.bitc.org.uk
Redefining the future
for people and places
Redefining the future |
10
Our business.
£86.7 million
2013 Profit
£2,192.6 million
2013 Revenue
£6.4 billion
Future workload - 2014
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
ISO 9001:1999
ISO 14001: 2004
Quality
Environment
OHSAS 18001
Human Resources
Health & Safety
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
Security
Cleaning
Maintenance
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
Provided by Govt. Agency
and Company solicitors
Recruiters and HR
team trained on
how to understand
disclosures
Managed through
technology
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
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
Managing information
Managed in accordance with the
law, DPA regulations and Company
retention policy
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
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)
All information held on secure IT
systems and any documents held on
the Company DMS
Howard King
J M Scully
www.bitc.org.uk
A case study
Overcoming
barriers to recruit
the best candidate.
• Why?
• How?
• What support was
accessed?
www.bitc.org.uk/banthebox
©Pam Lau, some rights reserved
Dominic Headley
Nacro
www.bitc.org.uk
© Copyright Nacro 2014
Joe is applying to work as a general plumber for large employer
 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 Record
Burglary 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’s convictions will all be ‘spent’ under Rehabilitation of Offenders
Act 1974 in 3 months time: 3rd September 2014
Has the applicant disclosed? If not, why not? Banning the box prepares
both the applicant and the employer to embrace positive disclosure
 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,?
Always document your decisions and rationale to hire or not hire
Key factors that an employer may wish to consider
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.
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 TILE
Task – 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 wrong
crowd, 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, any
responsibilities they have taken on (family, financial). Explain what they have
learnt from the offence .
Applicants can obtain top tips on how to draft a positive disclosure
statement on Nacro website or by calling the Helpline 02078401212




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
Burglary with intent to commit criminal damage
Joe was homeless when he was aged 16; during one
particularly cold winter night, he searched for somewhere
to sleep. He came across an old, derelict, disused
warehouse and sought shelter for the night.
A neighbour saw him entering the building and called the
police.
Arson
Joe set fire to an empty litter bin in order to keep warm
during the cold winter night that he sought shelter in the
disused warehouse.
There was no suggestion that he had endangered anyone’s
life and he received an 18 month conditional discharge
order for the offence
Possession of an offensive weapon in a public
place
Whilst training as a plumber Joe was stopped one evening
by the police in possession of a wrench. He tried to explain
that he had retrieved the wrench from a job where he left
it behind, but he was arrested and charged. He ultimately
received a conditional discharge order for possessing an
offensive 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 3194
Email: employeradvice@nacro.org.uk
Helpline: 020 7840 1212 or 0800 0181 259 (prisoners only)
Email : helpline@nacro.org.uk
Do I need to do a
basic check
before
responding to
the disclosure?
How can I find and
replicate best practice?
How do I make sure
my hiring managers
feel supported to
recruit people with
convictions?
Questions?
Can I use someone
else’s risk assessment
framework to help
make decisions?
How do I justify my
decision to more senior
people in my organisation?
www.bitc.org.uk/banthebox
Can I automatically
exclude people with
certain offences?
Do I have to tell a client or contractor
about the details of employees’
convictions?
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-positionsguidance
• 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-howban-box
www.bitc.org.uk/banthebox
Thank you!
www.bitc.org.uk/banthebox
#bantheboxuk
banthebox@bitc.org.uk
www.bitc.org.uk