Unpaid Work

Unpaid Work is a Requirement where individuals undertake projects in their local community; for example, picking litter, planting trees or decorating a community centre. Community Payback is the term often used to describe the delivery of an Unpaid Work requirement. Projects must benefit the community and cannot replace paid employment or contravene state aid and forced labour laws. The requirement must be completed within 12 months of sentence.

Sentences of between 40-300 hours can be imposed, reflecting the seriousness of the offending:

  • Low level Community Order or Suspended Sentence Order
    • 40 – 80 hours of Unpaid Work
  • Medium level Community Order or Suspended Sentence Order
    • 80 – 150 hours of Unpaid Work
  • High level Community Order or Suspended Sentence Order
    • 150 – 300 hours of Unpaid Work

Since 26 June 2021 the Probation Service has been responsible for the delivery of Community Payback in England and Wales. We have used unification of the service as an opportunity to build on the best practice of Community Rehabilitation Companies, improve placement quality and relaunch our Community Payback offer. Consequently, the Government is investing an additional £93m in Community Payback over the next three years which will allow us to increase delivery of Community Payback to 8m hours per year. There will be a particular focus on delivering more outdoor projects that improve local areas and allow the public to see justice being done.

The Unpaid Work requirement is available as a sentence of the Court for all offences suitable for a Community Order/Suspended Sentence Order and all individuals regardless of ability, their risk of harm or their risk of reoffending. It does not require the defendant’s consent.

The Unpaid Work Requirement is available to individuals who do not speak English. Translation services are available in all Regions to support effective communication and safe working. We are also planning the development of instructional videos for the most common tasks with translated versions being made available.

The Requirement can be delivered in a number of ways to meet the needs of Unpaid Work beneficiaries receiving the labour and supervised individuals:

  • Group projects: the most effective way to deliver Unpaid Work at high volume. Working as a group encourages a broad mix of individuals to work together towards a common goal; promoting teamwork and effective communication in a work environment
  • Individual placements: an effective way to enable an individual unable or unsuitable for group work to complete their hours more flexibly
  • Education, Training and Employment: an effective delivery solution for an eligible individual to undertake educational courses or training to develop skills and improve their employment prospects. This method can only be used for up to 30% of an individual’s hours but will also support the individuals work on above placements for their remaining hours.

Work is underway to establish new national partnerships between the Probation Service and major organisations and charities, allowing high quality local projects and initiatives to be replicated in communities across England and Wales. This includes our first national partnership with the Canal & River Trust, which sees supervised individuals clearing litter, tidying tow paths and maintaining beauty spots along 2,000 miles of waterways.

We are also committed to delivering more sustainable projects that benefit the environment and we have already delivered tree planting projects in partnership with charities and the Prison estate.

The Equality Act 2010 provides a cross cutting legislative framework to protect the rights of individuals and promote equality of opportunity. Community Payback teams ensure there is a sufficient range and quantity of placements to meet the requirements of all supervised individuals.

The Department for Work and Pensions (DWP) has provided guidance that individuals claiming Employment and Support Allowance (ESA) can undertake permitted work. Furthermore, any work performed as part of an Unpaid Work Requirement is considered exempt (permitted) work for ESA purposes. Careful consideration is given to the type of work the individual is instructed to undertake, to ensure its within their abilities.

Women subject to Unpaid Work are offered a choice not to be placed in all male work environments and where possible women only placements are sourced.

“It’s rewarding being outdoors and making a difference. Community Payback is hard work, but it’s given me time to reflect on what I’ve done and why I’m here and I want my life back on track.”
Joseph (on a Community Payback placement in the West Midlands)
“So this was an opportunity to serve the conviction for the crime but also in a sense it rehabilitated me. Just being able to give back to the community and do something positive.”
Jay (on a Community Payback placement in Kent)