what's the risk

Business Brief

WHAT’S THE RISK?

Employing young adults with criminal convictions

Business in the Community stands for responsible businessWe are a business-led charity with a growing membership of 850 companies, from largemultinational household names to small local businesses and public sector organisations.

We advise, support and challenge our members to create a sustainable future forpeople and the planet and to improve business performance.

Our members work with us to define what responsibility looks like in the workplace,marketplace, community and the environment – and we share what we learn aboutdriving performance through responsible business practice.

Business in the Community is one of The Prince’s Charities, a group of not-for-profitorganisations of which The Prince of Wales is President.

We work locally, nationally and internationally through a network of partners world-wide and have 28 years’ experience of working with communities in greatest need.

Barrow Cadbury Trust The Barrow Cadbury Trust is an independent, charitable foundation, committed tosupporting vulnerable and marginalised people in society.

The Trust provides grants to grassroots voluntary and community groups working indeprived communities in the UK, with a focus on the West Midlands. It also works withresearchers, think tanks and government, often in partnership with other grant-makers,seeking to overcome the structural barriers to a more just and equal society.

www.bctrust.org.uk

Transition to Adulthood AllianceThe T2A Alliance has been established by the Barrow Cadbury Trust. The Alliance is abroad coalition of organisations and individuals working to improve the opportunitiesand life chances of young people in their transition to adulthood, who are at risk ofcommitting crime and falling into the criminal justice system. The T2A Alliance aims toraise awareness of the problems this group faces and to secure policy change toimprove their lives.

www.t2a.org.uk

Business in the Community is grateful to The Barrow Cadbury Trust for supporting thisresearch and publication as part of the work of the T2A Alliance.

Contributors Our sincere thanks go to the following companies and organisations that contributed tothis research, including:

Lend Lease, Timpson, M&S, Barclays, Cadbury, Serco, Carillion, Ringway, Freshfields Bruckhaus Deringer LLP, YSS, St. Giles Trust, Staffordshire and West MidlandsProbation Trust, Northamptonshire Probation Trust, HMP Lewes

This business brief was written by Edwina Hughes, Campaign Manager: Reducing Re-offending, Business in the Community, 2011

Business in the Community What’s the Risk? 1

WHAT’S THE RISK?

Summary 2

Observations from Employers 5

Conclusions 9

Appendix One: Employers’ Forum 10

Appendix Two: Case Studies 12

Employing young adults

with criminal convictions


This research has been carried outagainst a backdrop of a youth prisonpopulation of which 63% have noprevious work experience (Working Links,Prejudged: Tagged for Life, 2010;Sainsbury Centre for Mental Health,2009) and a total prison population ofover 86,000 of which 90% has offendedbefore (Ministry of Justice, The problemsand needs of newly sentenced prisoners:results from a national survey, 2008).Together these issues reflect a situationwhere, in the absence of good work,young unemployed people arecommitting crime, entering prison, beingreleased and re-offending quickly.

By talking to a small group of employerswe seek to understand some of theirconcerns when it comes to employingyoung adults with unspent criminalconvictions. The research explores whatemployers do to minimise and managethe risk of employing from this groupand asks whether a standardised riskmanagement process used by prisons,probation and employers (as appropriate)would mitigate concerns and create aproactive response among employers.

Company case studies are available inAppendix Two.

SUMMARY

FEWER THAN TWO IN TEN UK EMPLOYERS HAVE KNOWINGLY EMPLOYED EX-OFFENDERS. HOWEVER, NINE IN TEN STATE THEY ARE OPEN TO DOING SO IN PRINCIPLE.

(Working Links, Prejudged: Tagged for Life, 2010)


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A standardised risk assessment process that has buy-infrom probation, prisons and employers seems like adistant goal because currently there is very littlecommon understanding of risk among this group.

These findings seem to suggest that companies willing to recruit from this groupshould adopt this practice in order to successfully recruit and retain talented youngpeople who have unspent criminal convictions. Added to this, the research was underpinned by the assumption that a standardisedrisk assessment process would support more employers to provide employmentopportunities to young people with unspent criminal convictions. However, insightfrom respondents indicated instead that:

FINDINGS

Work in partnership and share the risk - voluntaryorganisations understand the particular barriers thisgroup faces and make effective partners.

1Provide work experience opportunities - these give theyoung person an experience of the world of work andmay help the employer select appropriate candidates.

2

Consider the circumstances and personal journey of theindividual – including a realistic assessment of risk toprotect the individual and those with whom he/she comesinto contact.

This research points to four findings and two broad recommendations. Three of the findings focus on actions or approaches that currently assist employersto recruit and employ ex-offenders. The exercise found that employers who alreadysupport the employability of ex-offenders may:

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RecommendationsIn light of this, the recommendations point to a need for more and better sharing ofgood practice among employers, a channel through which to promote this goodpractice and some generic guidance on risk management to aid employers interestedin employing young people with unspent criminal convictions. Broadly speaking, the research recommends time and resource is committed to creating:

It is anticipated that these recommendations may contribute to the debate amongemployers and organisations that seek to support young adults with unspentcriminal convictions about the perceived risk they present to employers because oftheir status. It will also seek to address the way in which employers and third partyreferral partners manage their processes in order to increase their propensity toemploy from this group.

Generic guidance for employers to help themmanage risk

Channels through which employers can shareand publicise examples of good practice

1

2

63% OF THE PRISONPOPULATION HAVENO PREVIOUS WORKEXPERIENCE

(Working Links, Prejudged: Tagged for Life, 2010)


OBSERVATIONS FROM EMPLOYERS

Employers consulted through this research provided some valuable insightsto how they manage risk and what they would welcome by way of support tomanage risk.

The importance of working in partnership to effectively manage the risk ofemploying people with unspent criminal convictions was mentioned by a numberof the employers with whom we consulted. Some felt that probation could help toinform and manage risk; others felt that a relationship with a voluntaryorganisation was invaluable.

Probation can inform theemployers thinking on risk,they will provide the formal

information – the forms etc. Theywill also provide the informalinformation – the walk to the lift, thetip off, look out for x,y,z with thisperson, the informal information isgenerally well-intentioned and seeksto manage the risk sensibly (Company A).

A number of employers pointed to the benefits of a work placement – as a way toenhance the employability skills of the individual and as a way for the employer toassess the suitability of a candidate for employment.

In some instances a pre-selectionday helped to identify likelycandidates for placements.

The value of having some in-house understanding ofcriminal convictions was noted bysome employers as important atthe outset of an employabilityprogramme of this type.



Each individual will go through apre-selection day from whichthey are picked to go ahead and

do pre-employment training; this givesthe company a few weeks to judge therisks and see if they are manageable. We will use this time to explore whattheir listening skills are like, how theymanage feedback, how they will interactin the workplace (Company C).

After the referral is received a fullassessment is done – it’s more of apersonal chat involving info on

background, previous offences, and lookfor a lot of information. The conversationis confidential unless permission is givento share information or they discloseinformation that suggests they are a riskto the community (Company B).

[Referring charity] nominates an individual, someone from HRgoes to meet them with [Referring charity] contact, this is a sortof informal interview, if they click the person is given a work

placement. It’s the work placement that helps the company to decidewhether an individual would be suitable for a job offer. This office hastaken four or five people over three years, about a third of theseplacements have translated into jobs (Company B).


Finally the utility of astandardised risk assessmenttool was consideredaccording to its merits andlimitations.

In response to whether a standardised risk assessment for use across differentbusiness sectors would be feasible, some employers pointed to the difficulty ofcreating something that could be accepted across sectors.

Advantages to risk assessment wouldbe that an individual in a company isnever sure they are covering all the

right things. We still find it difficult – fish inthe dark, never sure you are covering the rightthings, just a starting point. We are worriedthat we might be assessing the wrong things,things that aren’t risks; we don’t currently talkto other employers about how they managerisk (Company D).

Creating an effective risk assessment tool for businesses acrossdifferent sectors would be difficult - the level of risk associatedwith a particular individual may vary widely depending on the

role and the type of organisation they are placed with. Some genericguidance for potential employers backed up with example scenariosmight prove more useful. Each business could then adapt their existingrisk management procedures as appropriate (Company E).



A set of guiding principles might be more valuable than a form.Principles would contextualise the offence and reduce barriersinto employment. We would want the guiding principles tocover information like:

• How long is it since the offence?

• Is there a pattern of offending?

• How serious was the offence?

• Is there danger of replicating it at work – are thereopportunities to do so in the workplace?

• Was the crime on impulse or on purpose?

You could use the guiding principles to guide the conversation with HR,look at whether your business provides any opportunities for repeatoffending (Company A).

rIsk?

How long sinceoffence

Pattern of offending

crime on Impulseor on purpose

Type of offence

Danger of replication

A number of respondents felt that generic guidance rather than a standardised riskassessment tool would be more useful to them.


CONCLUSIONS

This research suggests it is unlikelyand possibly undesirable to seek tocreate an entirely standardised riskmanagement process for employers because so many elements are subjectiveaccording to the culture of both theemployer and the type of employmentbeing offered.

The findings of this research, echoed byemployers sitting on the leadership teamof the Employers’ Forum forReducing Re-offending (AppendixOne), is that employers are willing tosupport the employability andemployment of people with unspentcriminal convictions but they needsupport and guidance to do so. Theimportance of risk management withinthis request for support helps to identifywhere attention needs to be particularlyfocused.

At the moment prisons, probation andemployers all use different riskmanagement approaches.

The type of risk assessment done byprisons depends upon the offender andoffence, and while probation willconsistently carry out an OASys (OffenderAssessment System) its emphasis onemployment is somewhat limited and notnecessarily accessible to employers.Meanwhile employers carry out their ownrisk management often in collaborationwith a referring organisation (with its ownset of criteria against which to gauge risk)that may or may not tap into some of theinsights from probation or prison.

Furthermore, employers cannot be viewedas a homogeneous group - as a generalrule they are not collaborating with eachother to recruit, therefore good practice isnot being shared. As a result, there iscurrently no standardised risk assessmentthat employers unilaterally recognise oraccept.

All of this information points to theopportunity to create guidance foremployers, ideally informed by theirown experiences as well as theexperiences of those working inprisons, probation and voluntaryorganisations. This guidance wouldhelp to profile best practice processesand help employers manage risk. This will lead to more young adultswith unspent criminal convictions inwork which will reduce offending andcreate benefits for the individual, the employer and the tax-payer.


APPENDIX ONE: Employers’ Forum for Reducing Re-offending

Employers’ Forum Vision and Mission

Vision To support people with criminal convictions to become valuedemployees and to eradicate re-offending through the provision of quality employment.

MissionTo value skills and talent above previous criminal convictions bycreating more employment opportunities for people withconvictions both within their own businesses and through theirsupply chains.

This group and the campaign will create the opportunity to gather furtherintelligence from companies about the barriers that currently preventthem from employing from this group as well as to pilot ways of workingthat may increase impact. Findings will be cascaded through this groupand their supply chains, they will also be highlighted to the membershipas appropriate.

A

Company Member

Timpson James Timpson, CEO, Chair

Lend Lease Val Lowman, Managing Director, BeOnsite

Compass Group UKDavid Platt, Operations Director Government Services, North Region

Cisco Systems Limited Richard Roberts, Operations Director, UK Distributed Government

Serco Jeremy Stafford, Managing Director of Serco Home Affairs

Sodexo Natalie Bickford, HR Director, Sodexo UK and Ireland

Camden Garden CentreMike Jackson, Head of Social Enterprise Development and Training

Greggs Roisin Currie, People Director

Wiltan Alison Itani, HR Director

MITIEPaul Ferry, Business Development Director - MITIE Care and Custody

TFL Iain Smith, Head of Skills

Chapelfield Davina Tanner, General Manager

DHL Huw Jenkins, Global Business Director (Supply Chain)

M&S Jenny Wallage, Head Of Employee Support

NOMSSimon Boddis, Deputy Director, Head of Offender EmploymentSkills and Services Group


Leadership Team of Employers’ Forum for Reducing Re-offending B

CASE STUDY 1

BeOnsite, a not-for-profit company, wasestablished by Lend Lease, not only supportingthe training requirement of the propertyindustry supply chain, but seeking to build amore diverse workforce, demonstrating togovernment a new way of tacklingreoffending, city centre worklessness and theskills shortage.

BeOnsite takes a wide variety of individualswho have been socially excluded including thelong term unemployed, ex-offenders andthose with low skill levels, and supports theminto work. This employer-led model involves ashort pre-employment programme followedby on-the-job training which provides apathway into a specific trade or skill set. Eachperson’s path is discussed and mapped outwith contractors to provide clear routes fromentering employment to becoming a fullyqualified tradesperson.

BeOnsite – Lend Lease

• Lend Lease and BeOnsite havesupported over 12,000 peoplefinding constructionemployment and a further26,000 people going into retail jobs

• Media publicity for BeOnsiteevents has significantly increasedthe company’s public profile andreputation, particularly as thecompany had taken a strategicdecision to continue to operateBeOnsite in the midst ofrecession

• BeOnsite has become a crucialpart of the wider Lend Leasebusiness. It has providedtailored, industry specific trainingfor over 220 people and full-time, paid employment for over130 individuals at a variety ofprojects around the UK, meetingthe needs of the local authoritiesand communities where LendLease works

• Job sustainment - BeOnsite hasshown that it can createsustainable employmentsolutions – over half of the 110trainees at one major EastLondon project have sustainedtheir jobs for over six monthsand many have been promoted.


APPENDIX TWO: Case studies of companies supporting employability of those with barriers to work

IMPACT


Marks & Start is the country’s largestcompany-led employability programme,and represents a major commitment withinthe company’s Plan A vision. In order to reach out to the mostdisadvantaged groups, the initiative worksin partnership with Gingerbread, ThePrince’s Trust, Remploy and Business Actionon Homelessness. The company commitsto delivering 650 2-4 week placement eachyear for candidates in M&S stores andoffices across the country. Partners providethe wrap-around support required pre andpost-placement and candidates aresupported every step of the way withbuddies, coaches and co-ordinators.

In 2004 M&S decided to set up aprogramme that would not only raiseaspirations and employment prospects ofparticipants, but would also help with fourkey business objectives:

• Develop employee skills (throughbuddying) and improve employeecommitment, loyalty and pride in M&S

• Integrate community activity throughoutM&S

• Provide focus for externalcommunications and increase customerawareness of community initiatives

• Provide recruitment opportunities anddiversity within the Company.

CASE STUDY 2Marks & Start – M&S

• The Marks & Start programmehas resulted in the recruitment ofnearly 1500 employees, whootherwise would be an untappedpool of candidates due to theiremployability barriers

• Achieving a 40% into-work ratewithin three months ofplacement completion

• Marks and Start has trained over4500 disadvantaged people andover 1800 have foundemployment

• Evaluation demonstrates thatover 90% of participants feel theplacement improved theirconfidence and that they feelmore motivated and committedtowards employment

• Through the lone parentsprogramme, Marks & Start helpedto lift over 800 families out ofpoverty since the programmebegan in 2004.

IMPACT


CASE STUDY 3

The ‘Rehab’ project prepares women forsustainable employment when they leave HMPDrake Hall. As well as helping the women outof a cycle of re-offending, it has helped solvethe perennial recruitment problems at the localMOD Swynnerton Training Camp.

Offenders normally work at the camp for six tonine months before being released on parole,though some have been employed for twoyears now. During that time, regular appraisalstake place to evaluate progress with bi-monthlymeetings between ESS, the offender and theprison’s outwork liaison officer to maintain closecontact and provide necessary support.

The women are paid the same rates aspermanent ESS staff. They are allowed to accessa small part of this income from prison, usingthe rest to help support their families andthemselves on release.

Rehab - Compass Group & ES

• Since its inception, in 2004 over60 women who have gainedbasic qualifications now havework skills and an employmentrecord to help them on release

• 2010 saw the company takeour first trainee chef, which wasa resounding success. Theyoung woman has since beenreleased and is working in thecatering industry in her hometown, and to date has not re-offended

• To date, no participants areknown to have re-offendedsince their release from prison

• The long standing recruitmentproblem at this rural site, haveall but disappeared. There isnow a reliable, committedgroup of women eager to workwith the permanent team.Knowing there is always a fullcomplement of staff hasimproved morale and jobsatisfaction enormously

• ESS have saved money:recruitment costs, once asignificant monthly item, are almost zero.

IMPACT


St Giles Trust is a growing UK charityoffering wide-ranging services helping ex-offenders and disadvantaged people. Itaims to break the cycle of re-offending byproviding ex-offenders support in areassuch as housing, education, training andcrucially employment.What distinguishes St Giles Trust is theirprinciple of using qualified, skilled ex-offenders to deliver services to their clients.This peer-led approach gives their services alevel of credibility which is vital whenworking with a target group who can bedifficult to engage and mistrustful ofanyone they perceive as being in authority.

Around one-third of the workforce at StGiles Trust has a criminal record and isemployed in a range of roles includingfrontline caseworkers, head officereception, as administrators and as projectleaders. They include a fully reformed manin his 40s who had clocked up over 80convictions to a young woman whopreviously worked in the City and spent afew months in custody after just oneoffence. They all found it difficult to obtaina job because of their criminal convictions.

St Giles Trust trains people with criminalconvictions to NVQ Level 3 in Information,Advice and Guidance which is thebenchmark qualification for anyone lookingto work in the advice sector. Those whosuccessfully gain the qualification can thenapply for jobs at St Giles Trust.

CASE STUDY 4St. Giles Trust

IMPACT• An independent economic

evaluation of one of St. Giles’ Trustflagship services supporting prisonleavers found that it reduced re-offending by an additional 40%and delivered £10 in savings to thetaxpayer for every £1 invested in itthrough reduced costs associatedwith offending

• St Giles Trust has won the SundayTimes Best 100 Companies to workfor in 2009 and 2010 and attributesthis largely to the diversity of itsworkforce, chiefly brought about bythe number of ex-clients it employs

• The charity’s services have won manyother awards including the CharityAwards 2007 and 2009, The JusticeAwards and Centre for Social JusticeAwards

• It is one of the partners involved indelivering the Social Impact Bondpilot at Peterborough Prison. The team delivering this high profile project comprises largely ex-offenders.


CASE STUDY 5

Timpson selectively recruits both men and women directly from prison. The company has over 100 examples of ex-offenders who have quickly become acrucial part of the shops team and havenot returned to their previous criminalpast. For the last ten years, JamesTimpson has been developing links withvarious prisons to find suitable candidatesto work in their shops. During this timethe company has forged relationshipswith some 60 prisons and has had over120 ex-offenders (Foundation colleaguesas they are known) pass through thedoors. Timpson currently employ 87 fulltime Foundation employees.

There are now four Timpson Academiesacross the country – there are twoTimpson Academies where prisoners areintensively trained in all aspects of shoeand watch repairs, engraving, customercare and health & safety. There is even amock up shop that prison staff use thatcreates a unique customer serviceopportunity. These are based in HMPLiverpool and HMP Wandsworth. TheTimpson Academy at HMP Forest Bank inManchester trains prisoners in welding,patching and stitching. The fourthTimpson Academy is connected to MaxSpielman Photo Processing (a Timpsoncompany). This Academy operates out of HMP New Hall in Wakefield.

Timpson Academies - Timpson

• Supported 120 people into work

• Works in collaboration with 60prisons

• Timpson currently employ 87 fulltime Foundation employees.

“Timpson looks beyond the labelof ‘offender’ when recruiting tosee the skills and potential eachindividual possesses. This benefitsus because we find people whoare motivated and enthusiasticabout working for us. It alsobenefits the individual asemployment gives them the bestpossible chance to avoidreoffending. It's great seeing ourFoundation colleagues gainingconfidence as they learn therequired skills to run a Timpsonshop”.

(James Timpson, Chief Executive,Timpson)

IMPACT

For the full report please visit:www.bitc.org.uk/community/employability/reducing_reoffendingwww.bctrust.org.uk

For more information on the campaign to reduce re-offending throughemployment please contact:

Edwina HughesCampaign Manager: Reducing Re-offending, Business in the [email protected] Tel: 077 89713209

Business in the Community stands for Responsible Business

www.bitc.org.uk

www.barrowcadbury.org.uk www.t2a.org.uk

‘If we learn to value skills andtalent over previous criminalconvictions we will enhance ourworkforce and help to supportthe reduction of re-offending

through employment’

Registered details 137 Shepherdess Walk, London N1 7RQ, Telephone 020 7566 8650Registered Charity No: 297716, Company Limited by Guarantee No: 1619253Date April 2011, Design and print by Creative Media Colour, Product Code 01COM000519

Huw Jenkins, DHL, Member of Employers’ Forum for Reducing Re-offending

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