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Past criminal convictions shouldn’t rule out employment

Construction industry can consider those with a criminal record to fill staffing gaps.

Niamh Evans
Niamh Evans

Policy and Public Affairs Officer - North

Last updated: 24th May 2024

Employing people with unspent criminal convictions could help with tackling the staffing shortages the industry is experiencing, but there remains a reluctance to hire those who have been through the criminal justice system.

More than 250,000 extra construction workers are expected to be required by 2028 to meet demand within the UK construction industry. At the same time, there are more than 12.3 million people with a criminal record in the UK, encompassing individuals ranging from those who have received a fine through to longer prison sentences for more serious offences. However, only 30% of prison leavers are employed six months post-release and 42% of individuals with a community sentence are employed six months post disposal in England and Wales. 

All criminal convictions come with a set legal period of rehabilitation following a sentence, where the conviction is said to be 'unspent'. During this time, the conviction will come up on a basic DBS check, and individuals are also required to disclose their conviction if asked by a potential employer.

The challenge for people with criminal convictions to find employment presents a range of social and financial costs, for individuals with convictions, their communities, and the wider economy, and undermines social inclusion in respect of a notable portion of the population.

This is not to say that every person with a criminal record is suited to a role within the construction sector. However, many potential candidates are automatically excluded by the current recruitment processes of many businesses, reducing the potential talent pool. 

Making changes 

SMEs and large contractors alike can make small changes to their recruitment policy to make work more accessible for people with a criminal record. This does not mean hiring individuals without making the appropriate risk assessments, but where possible they can assess candidates on an individual basis rather than discounting anyone with an unspent conviction. 

Ideally, businesses should have a clear and transparent policy for handing applications from someone with a criminal record. This includes making their policy accessible to potential job applicants, as many individuals with a criminal record do not feel confident applying for a job where it's unclear whether they will be considered and how their information will be handed.

Support is also available from the prison and probation service in England and Wales, which is able to provide risk assessments for people who have recently left prison.

Stigma and negative perceptions towards people with convictions are still widespread, so individual managers can play an active role in changing attitudes and dispelling myths. Individual businesses can also take a role in influencing attitudes amongst their supply chain and clients.

Proactive steps

There are a range of further steps proactive companies wanting to recruit candidates with a criminal record can take, including actively communicating a willingness to hire people with a criminal record and working with external partners to provide training, work experience and recruitment opportunities targeted at people with unspent convictions. 

Businesses can partner with charities, community interest companies (CICs) and prison employment services to provide work experience and interview opportunities directly to people with an unspent criminal conviction. These organisations can provide specialist guidance on how to recruit and employ people with unspent convictions, especially for prison leavers that may have different needs to other job applicants. Whilst hiring people with unspent criminal convictions is a niche area of recruitment, there is a wealth of resources available to support businesses to look at this untapped talent pool whilst managing any risks presented by hiring people with an unspent conviction.

Rewards for businesses

Supporting people with conviction into work is not acting to condone crime, but rather is based on  offering people the fair chance to turn their lives around after completing their sentence and supporting their rehabilitation.

Whilst employing people with convictions may bring additional considerations, managers in the sector have found it highly rewarding in seeing the difference skilled employment makes to individuals lives whilst also gaining loyal employees and closing skills gaps in their businesses. 

Read the full report, additional information for businesses considering hiring people with criminal convictions, here.