Am I going to get fired - if so can I do anything?

Eyeball

Long time lurker and finally now a poster on the forums, unfortunately not in the best circumstances however.

Recently I applied for a position within a multinational company and got it. Hurray for me right, I love the job etc and I am now about 2 months in.

My manager has had an email from their centralised HR services querying a previous conviction on my record and why I didn't declare it.

I advised my line manager that I declared it from the very outset of the job application and on the background check that they ask of their candidates. The background check stated that a previous conviction is not necessarily a bar for employment unless it is in the areas of X or Y. My conviction in this respect is irrelevant, and there was no prison sentence conferred...

I am obviously distressed at this development and within a 3 month "Probationary" period where I can be fired I believe for any particular reason the company like.

Other than "Shouldn't be a criminal then should ya lol" are there any thoughts on this and what, if anything I can expect or do?

Thanks so much.

Eyeball.

lizzywig

Did you ever take a copy of the form you submitted? I would ask for one, I'm 99% sure from reading on these forums that you can request all paperwork that they keep on file about you.

SarEl

Not really - it is up to the employer to determine. I am afraid that "wait and see" is the only option. If managers knew about the conviction then it may be ok, but there are no guarantees about that.

Eyeball

I do have proof in a form of a copy of their application in electronic non-editable form that I declared what it was, when it was and other details regarding it.

Same again for the background check.

I kind of knew it was going to be a wait and see process but it will be extremely harsh to fire me at this point because no one bothered looking at my application form! Might I have any legal redress if I am left jobless (I was in full time employment before this job) because of this (On the understanding that advice offered is as is and not professional legal opinion!)?

InsideInsurance

Really the only thing you can do now is to work your butt off and show yourself to be as much as an asset to the company as you can and so get your manager on side saying that they don't want to lose you; you've already demonstrated that you were open and honest about the conviction from the outset.

Outside of that its a case of hoping that your honesty and work to date is sufficient for them to decide to keep you on and over look the conviction and avoid the issues of dismissing you and having the pain of recruiting another person.

In the first year of employment you have no rights beyond your notice period and the employer doesnt have to justify the reason for terminating your contract.

pineapple

Am I missing something?
You said you declared it presumably in writing.
So surely they have no case.

heretolearn_2

So your manager just needs to get back with them to say 'it was declared on his/her application form'. End of.

lizzywig

Sounds like the manager made an oversight, hopefully they won't want to admit to this though and will just confirm it was declared.

Can I just say, well done for your honesty, lets just hope that it doesn't backfire on you!!

F_T_Buyer

There is the rehabilitation of offenders act, where you don't have to declare 'spent' convictions (5years pass), however this is not the case.

I very much doubt you will be fired for not declaring the conviction, because you did declare it. However they might find another reason for you to fail the probation, and all we can say is don't give them a reason. Show them you are a great employee, maybe it would help to occasional ask your line manager if you did a particular job correctly and to their satisfaction.

Having a conviction does not mean you're a bad apple.