CIPD - Employing people with criminal records: risk assessment

Diversity and equality

Revised March 2008

This factsheet gives introductory guidance. It:

provides advice on how to undertake an effective risk assessment when employing people with criminal records
should be read in conjunction with our factsheet on employing ex-offenders.
Go to our factsheet on Employing people with criminal records

Recruitment and selection is never risk-free. Sound decisions depend on careful analysis of factual information against well-prepared job and person specifications that are bias free - see our factsheet on recruitment for more information on general recruitment issues.

Go to our factsheet on Recruitment

Addressing issues related to criminal convictions needs an objective common sense approach which takes account of:

the employer's duties in law
the nature of the crime
when it happened
the circumstances involved
the sentence
patterns of offending
efforts to avoid re-offending
job requirements
safeguards against offending at work
possible reactions of employees, customers etc, objectively assessed.

This factsheet will help in deciding whether the risk of employing a person can be taken and what precautions and safeguards would be needed to manage and minimise that risk. All employers need to be aware of the dangers of personal prejudices that might cloud judgement and good practice, and consider the benefits of further training.

Risk assessment

Assessing the risk of employing a person with a criminal record means comparing an applicant’s skills, experience and conviction circumstances against risk criteria you have identified for the job. For example some violence offences would be relevant to positions involving unsupervised contact with the public. Sexual or child pornography offences would almost certainly disqualify any person from working with children. But it is also important to remember that no two offences are exactly alike.

Recruiters should be sure to make best use of the interview to discuss the nature of convictions with the applicant if they have disclosed a criminal record. This information is essential to any risk assessment.

Assessing the job for risk

In assessing for risk, a number of factors need to be taken into account.

Issues	Reasons
Exemption status under the Rehabilitation of Offenders Act 1974, duties under the Police and Children's Acts regarding one-to-one contact with children, vulnerable adults or the elderly.	It is illegal to employ certain offenders in some occupations.
To what extent are you bound by other legal constraints?	For example, those with motoring convictions employed as drivers.
Does the post involve any direct responsibility for finance or items of value?	What could happen and how serious would that be? What factors would increase or decrease the perceived risk? For example, the nature of the offence and impact of rehabilitation since then. Consider whether the offence would create unacceptable risks for other employees, customers, suppliers, clients, service users, etc.
Does the post involve direct contact with members of the public?
Will the nature of the job present any realistic opportunities for the post holder to re-offend in the place of work?

Assessing the ex-offender and the offences

The essential thing for employers to remember is to keep an open mind. Some ex-offenders will have had access to rehabilitation programmes that might also offer advice and guidance to potential employers and assist with transfers into employment. There are organisations that already successfully employ ex-offenders and may be willing to offer advice and guidance. Sometimes it can be directly relevant to consider employing a reformed person with a conviction. For example, it could bring important insight or knowledge to the job. In some cases, the relationship between the offence and the post will be clear enough to assess the risks. In other cases, the decision may not be so clear-cut.

The following factors may help in making a decision:

The availability of assessments and reports from those agencies involved in the applicant's process of rehabilitation. For example, the Probation Service, specialists working in prison, etc.
The seriousness of the offence and its relevance to the safety of other employees, customers, clients and property. Generally speaking, the longer the sentence the more seriously the Courts viewed the offence at the time. Custodial sentences are usually for more serious crimes than non-custodial sentences.
The length of time since the offence occurred. (How effective has rehabilitation been?)
Was the offence a one-off, or part of a history of offending.
Whether the applicant's circumstances have changed since the offence was committed, making re-offending less likely (eg improved personal circumstances, drug addiction therapy).
The country in which the offence was committed. For example, some activities are offences in Scotland and not in England or Wales, and vice versa.
Whether the offence has since been decriminalised by Parliament.
The degree of remorse, or otherwise, expressed by the applicant.

Implementing safeguards

Employers might need to check that their insurance policies do not exclude employment of some ex-offenders in specific occupations. Most don’t, but fidelity bond insurance offered by the Apex Trust is available if required. Other legislative requirements, such as human rights, discrimination, data protection or duty of care, will also need to be taken into account.

It will also be helpful to assess:

The level and closeness of supervision that might be needed early on in the employment.
The extent to which procedures, such as audits or the involvement of others in the work process, would be a form of indirect supervision.
Whether any training or briefing would be useful to enable the supervisor to manage the post-holder in the work context.
• What precautions already exist in the organisation or could be put in place? Consider direct or indirect supervision, progress reviews involving the ex-offender, etc..

Managing sensitive information

Organisations should ensure that:

information regarding offences is kept confidential. Applicants need to feel confident that information about their convictions will not be disclosed to anyone unless there is a specific reason for doing so.
only the people directly responsible for recruitment, whether or not in the personnel department are informed of an employee's criminal record.
the successful applicant is informed who in the organisation knows of the conviction and the reasons why the information has been disclosed.
offence information is kept securely in lockable filing cabinets. Access to keys should be restricted to individuals responsible for recruitment and those in personnel who need access.

Useful contacts

Apex Trust

National Association for the Care and Resettlement of Offenders (NACRO)

Employing people with criminal records: risk assessment

Risk assessment

Assessing the job for risk

Assessing the ex-offender and the offences

Implementing safeguards

Managing sensitive information

Useful contacts

Further reading

Books and reports

Journal articles