Everything a work coach needs to know about
Supporting Customers with Convictions
Click to play a word from our founder
Click below to understand how you can Identify, Support and Advocate for people with convictions.
Opening Doors
We have recorded a series of bite-sized video presentations especially for DWP work coaches, exploring how to Identify, Support and Advocate for customers with convictions.
What does it mean to be an ex-offender?
Join the candid conversation with Offploy Team Leader Heather about her previous conviction, how it's affected her life and approach to employment. We learn about the importance of support Heather received from family and friends, and how joining Offploy has empowered her to find purpose in supporting others with convictions.
Asking customers about convictions
The first in our Opening Doors series for the DWP, this video goes into detail on asking customers about convictions and how to approach this often sensitive topic in a measured, compassionate way.
When and how to disclose to an employer
The second video in our series covers the disclosure process, the types of background check that might uncover a prior conviction and how to properly handle this information.
An overview of Spent vs Unspent
This third and final presentation discusses the meaning of spent versus unspent convictions, what that means for the customers you support and recent changes in legislation that have a big impact on employability.
Downloads & Resources
Frequently Asked Questions
Why is this project needed?
As most employers will ask a candidate to disclose if they have a criminal conviction upon application for a role, it is imperative that Work Coaches know how to properly approach this.
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First thing to do is acknowledge is that it is OK as a Work Coach to feel uneasy and unsure about how to approach this situation, but they should also know that the individual with the criminal conviction is most likely also feeling the same way.
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​​​​It is not an easy situation to be in for the customer but by
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identifying the conviction
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supporting the individual
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eventually advocating for them, we can ensure that finding employment is not a barrier for individuals with criminal convictions. Especially, because gaining employment is a vital step to reintegrating into society.
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What counts as a criminal conviction?
So, what is a criminal conviction?
When thinking of the term criminal conviction it can be natural for our minds to jump straight to the worst possible outcome. A criminal conviction can be anything from speeding points to an imprisonable offence.
Speeding points are a non-recordable criminal offence and remain on the database for 5 years after the conviction.
Driving-related offences account for approximately 54% of criminal convictions.
The relevance of criminal convictions for different employers will vary for lots of different reasons and this project will look at customers disclosing or not disclosing a previous criminal conviction to a potential employer, but any sentence given for 4 years or more must always be declared when asked by employers. This does not have to be the be all and end all though.
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What indicates a criminal conviction on a CV?
A question that might spring to mind is, could this customer’s barrier to employment be due to a criminal conviction? This seems like a simple question, but it is the starting point. There are a few reasons as to why a Work Coach may pick up on cues that a customer may have a previous criminal conviction.
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One might be that there is a large gap on their CV which could possibly be because of imprisonment.
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They may have qualifications from the following institutions which are key providers of education to those imprisoned;
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Manchester College
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Novus
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Western College
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Milton Keynes College and
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PeoplePlus.
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The customer may also be quite straight up about their conviction and disclose to you before you even ask
How would I identify if someone has a criminal conviction?
Before we get into the relevance of criminal convictions and what to do with them. It is important to understand how to identify when someone has a criminal conviction. Like the old saying goes, honesty is the best policy, and the best approach is to just directly ask the individual if they have any previous criminal convictions.
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This approach would be better than being suspicious and asking questions with a different intent behind them. It is probable that the customer is expecting the question to be asked as most people are aware that criminal convictions unfortunately hinder many aspects of being a functioning member of society; employment, being one of these.
As a Work Coach, if you happened to observe that the customer seems uneasy and uncomfortable, why not offer them a private consultation room where you could both talk openly and honestly?
Asking the question...
How to physically ask the question can be another step that understandably makes people uncomfortable.
Do not over-think this, a simple approach like:
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‘Do you have any previous criminal convictions?’
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‘I recognise that criminal convictions can be a barrier to securing employment, do you think this may be a barrier for you?’
It is important to remember after asking the question that the Work Coach does not need to be concerned with the details of the criminal offence, the criminal conviction does not need to be explored.
What needs to be explored are the barriers that the criminal conviction produces. Keeping the focus on the barriers rather than the criminal act itself will help ensure that the customer feels supported in their journey and not further scrutinised.
Do I need to do anything if a customer does disclose a conviction to me?
Technically, you do not need to take any action if someone does disclose a criminal conviction to you. If you think that as a result of the criminal conviction the customer is under a supervision order you can consult with your MAPPA lead. You could refer the customer to the work and health programme provider immediately as customers with convictions are considered a priority group.
Do we need to disclose a customer's conviction to potential employers?
Not all previous convictions need to be disclosed. You may need to understand if the conviction is spent.
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A spent conviction essentially means that after a certain period of time the conviction does not need to be disclosed any longer. If the customer’s conviction is spent, the Work Coach can carry on assisting the individual in finding employment as they would with any other customer. If the conviction is not spent, the Work Coach may need to consider:
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Which employers ask about offences?
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What type of offence resulted in the conviction?
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What employment opportunities are therefore suitable and available?
Does this criminal conviction come with any restrictions?
A restriction could come in a few different ways such as:
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a driving ban
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being barred from working with children and vulnerable adults
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it could be geography specific, such as not being able to go to certain areas
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it could be a restriction on the use of unmonitored IT equipment​
Let’s imagine you have a candidate that is banned from driving for two years... It can be common enough nowadays for job applications to include the necessity for a full driving licence. There could be two approaches to this; one being to approach the employer and see if they would consider an applicant who cannot drive, and the other being to narrow the job search to only include jobs that do not require a driving licence. Understanding the restrictions that may come with different convictions is key to adequately supporting the customer.
​Another example of a restriction would be that the customer may not be allowed to work with children or with vulnerable adults. If this is the case the Work Coach would need to limit their search a bit more. If a Work Coach ever needs assistance or is unsure, they can turn to charities like www.unlock.org.uk or www.nacro.org.uk for advice.
What advice can I give the customer?
One of the best pieces of advice that can be given to a customer is to be honest about what their restrictions are in relation to their conviction, but also to provide you with information on what skills and attributes they have.
Whilst saying this, it can be important to understand that not all customers will know all their offences or restrictions. Be patient and work with them – consider speaking with their probation officer to create a joined-up approach to help the individual.
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Will a customer always know if they have a criminal conviction?
There is the possibility a customer may not be aware of what convictions are held against them, or what convictions of theirs are spent – this is especially true for those with multiple convictions dating back to their childhood.
In some instances, seeking specialist support can be the best course of action.
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If an individual is not sure if they have a criminal conviction, they can make a Subject Access Request which will show the information held on them by the police. We recommend an individual seeks advice before making a Subject Access Request; we do not recommend a Work Coach gets involved with making the request and we explicitly request that the individual does not share their Subject Access Request with an employer. A SAR is for personal use only, is a useful tool for understanding what convictions they have had and is a good starting point to work out what is spent and unspent. A Subject Access Request is free.
Unlock have an easily accessible 7 stage process on criminal convictions. This can be a useful resource for both customers and work coaches.
We would advise a customer goes to two amazing charities; Unlock or Nacro to get assistance with this. This information can be identified before the individual is subject to a disclosure to the potential employer.
To work out if their offences are spent, they can use www.disclosurecalculator.org.uk as a first step.
Another option is for the customer to request a basic disclosure certificate which will show any unspent convictions at the time the certificate is printed. This costs £23*and will be the same information an employer can see. *As of 24th March 2021
If the employer is able to conduct a Standard or Enhanced DBS check as a part of the role (this should be outlined by the employer on the job advert or could be asked as part of the application process) this will also show any spent criminal convictions.
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Call: 01634 247350 (Monday to Friday, 10am to 4pm).
Message: Text or WhatsApp on 07824 113848.
Online: Webchat (visit website)
Write: theHelpline, Unlock, Maidstone Community Support Centre, 39-48 Marsham Street, Maidstone, Kent, ME14 1HH
Deaf and speech impaired callers can access our helpline via the Relay UK Service. Textphone users should prefix their call with 18001.
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Support and training for organisations and employers: Call: 0845 600 3194 | employeradvice@nacro.org.uk
Information and advice for ex-offenders, families and people working with them: Call: 0300 123 1999
Operating times: Mon-Thurs 9am-3pm, Fri 1pm – 5pm.
Email: helpline@nacro.org.uk
DBS certificates
Understanding DBS certificates and what information is given on them is also an important tool for the quest to secure employment for those with criminal convictions. Especially because most Work Coaches will usually support customers with a blank DBS certificate/Basic Disclosure/NI disclosure.
Some DBS certificates or the equivalent based on the jurisdiction can come back ‘blank’ with no recorded offences. This does not always mean that the individual has never had a criminal conviction, but it also means that if it is not on the disclosure, it does not need to be reported to the potential employer when asked unless it is for a regulated role. An example of why a conviction may not be on the disclosure is when a conviction is spent or filtered.
Unlock outline in a table the different kinds of criminal record checks and what convictions are disclosed on them.
Unlock have detailed information on what is included/excluded on DBS certificates.
Why would a conviction not be on the disclosure though?
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This may happen as a certain number of months has passed since the conviction which means it becomes a ‘spent’ conviction as previously discussed.
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It could be since the caution was given to the individual when they were a minor.
These records are not erased from the policing database, but this measure was introduced to ensure past criminal convictions which are deemed no longer relevant to the individual’s participation in society can be ‘filtered out’ so they do not hinder the customer’s employment opportunities amongst other things going forward.
A sentence for life.
A criminal conviction can be seen as a sentence for life because unless the conviction becomes spent as previously discussed, the individual will carry the weight of that conviction with them through all paths of life from housing to employment.
Part of rehabilitating from a criminal offence is
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reintegration into society
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reducing the possibility of recidivism which is also known as reducing re-offending.
Having employment gives an individual a sense of purpose and it gives them a means for living to pay rent or bills, so they have more opportunities outside of criminal or anti-social behaviour. It also allows the individual to re-frame the perception society has of them post-conviction. Employment brings with it a sense of belonging.
If an employer has two applications in front of them with equal qualifications, but one application notes that the candidate has a criminal conviction, some employers’ knee-jerk reaction would be to go for the candidate who has no history of a criminal conviction. This is where Employer Advisors and organisations like Offploy can spring into action. Employer Advisor teams can advocate for the customer and encourage employers to look past the conviction, not to perceive it as a risk but to focus on a candidate’s strongest qualities.
This table from Unlock gives a overview of how the different stages of your journey with the criminal justice system can effect key areas like employment and getting insurance.
Myth-busting
Part of this advocating for the customer will involve myth busting. We must try to change the way employers view those with criminal convictions. The best way to advocate in this way is to be armed with knowledge about your candidate and statistics about people in similar situations. Knowing your customer and their history is key to selling the idea of them to an employer.
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If an Employer is averse to hiring people with convictions, it is usually due to their perception of our cohort based on what they see in the media. We have found the best way of overcoming this hurdle is offering a no-pressure meeting / opportunity to interview the Customer – it may even be just one interview slot as part of a wider recruitment day you coordinate for the employer.
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Recruit! is a website for employers who are supporting the fair treatment of those with criminal convictions. This article of theirs gives a quick snapshot of the most common myths employers have about those with criminal convictions
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We have found the most success in organising Prison “Away Days” for a small group of employer decision makers to volunteer in their local prison for a half day.
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This may be working in the kitchen, gardens or education department.
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We ensure all partners are aware that this is to support the employer to consider hiring people with convictions
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There is no pressure to offer any roles from this initial dipping of the toe.
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Pairing this with delivery from someone with lived experience and quality ex-offender-specific HR advice goes a long way.
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Get in touch with Offploy if you would like more advice on organising a ‘Prison Away Day’.
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It can be helpful to explain that criminal convictions can be anything from a driving offence to an imprisonable offence.
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It is useful if employers are encouraged to consider candidates on circumstance and not on conviction.
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Another means of myth busting is explaining how common criminal convictions are. For example, it is estimated that over 12 million people in England have criminal convictions.
As a Work Coach, it will be both beneficial for you and for your customer to be aware of what employers promote being an equal opportunity employer for any protected characteristic.
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This can be easily found on websites like LinkedIn where companies will advertise that they are proud of their ‘diverse’ work force and they strive for ‘inclusion’ and ‘equal opportunities’. These are the buzzwords to look out for.
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You could even start with those who are registered as Disability Confident with the DWP.
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Companies like Tesco advocate and are known for hiring people living with a disability.
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There are employers who are known for giving individuals with criminal convictions a fair chance. Big companies like:
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A list of companies open to hiring people with criminal convictions can be found here.
There are also employers who will not ask about criminal convictions at the application form stage – these are known as Ban the Box employers. You can download that list here.
