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Advice Please RE Job offer Rejected!

Hi all,

My partner applied for a job with a local bus company in March 2012, passed application, assessment, interview, revised day and night and passed theory..Finally offered a start date in October,,However he did not declare his criminal conviction form 2007 as he thought it was spent after 5 years (its actually 7 did not know)...Before start date in October he calls company advising of conviction GBH sent down for 5 weeks..Bus company call asking him to start in November..Start date postponed as examiner off long term sickness..In the meantime CRB comes back and last week they have left a voicemail on OH's phone advising we will not be continuing with your application due to return of CRB Happy New Year:mad::mad:..

No explanation or anything??

Cant they at least give him a chance..He made a mistake spur of the moment..OH is devestated he worked day nad night to pass his theory.

He knows what he did was very very wrong bu he has paid the price by doing time and is a totally reformed character has excellent refrences from previous employers supporting this.

He has wrote a letter to the company as follows..

[FONT=&quot]Dear Sir or Madam[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Subject: Access request and Information for Appeal Proceedure.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]
[/FONT]

[FONT=&quot][/FONT][FONT=&quot]Please supply all the information about me which I am entitled to under the Data Protection Act 1998 relating to my job application with XYZ.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]If you need any more information from me, please let me know as soon as possible.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]It may be helpful for you to know that a request for information under the Data Protection Act 1998 should be responded to within 40 days.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]If you do not normally deal with these requests, please pass this letter to your Data Protection Officer. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you and can be contacted on 0303 123 1113 or at www.ico.gov.uk[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]May I also kindly request a detailed report of as to why I was not given the opportunity to progress my career further with XYZ. I have not had any correspondence from XYZ apart from a voicemail left on my phone from MR XYZ. I feel very let down as I have not been given a chance to prove myself, I have been waiting since September for a decision. Can you please also send me the details for the appeal procedure. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Yours faithfully[/FONT]
[FONT=&quot]
[/FONT]

Sorry for the extremely long post and many thanks if you have read it to here. I would deeply appreciate if anyone could please give me any further information as to what to do or anyhing I could add to or change in the letter.


Many Thanks


DaDa


x x x
«134

Comments

  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    What do you hope to achieve?

    Even if he was given the job, the employer can dismiss him in the first two years for any reason, or no reason at all, provided they do not breach the anti-discrimination laws (there is no law against discriminating against someone because they have failed a CRB check).
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • *DaDa
    *DaDa Posts: 62 Forumite
    Firstly many thanks for your reply,

    Im hoping they may give him a chance to prove he is a good, reliable worker and that they may reconsider his application. As they already have some ex-convicts working for them but are unaware as they havent done the CRB yet. They also offered OH a start date but postponed it when he declared his conviction if he had not told them they would have took him on. We thought honesty was the best policy :eek:
  • BillyB
    BillyB Posts: 156 Forumite
    Eighth Anniversary 100 Posts Combo Breaker
    As Lazy Daisy says they haven't done anything wrong by withdrawing the offer. On most job applications I've filled in there is always a section just before you sign along the lines of 'We reserve the right to terminate employment or withdraw any offer of employment if the applicant has given false/misleading or with held information'. You can still contact them to gain feedback on the application, the reasons etc. As he didnt originally declare it, although not intentionally, it may have looked dishonest.
  • *DaDa
    *DaDa Posts: 62 Forumite
    Thanks billyb,

    I appreciate they can terminate employment just a bit peeved that he has tried so hard and it has been 5+ years so they could give him a chance, considering they already have ex convicts unbeknown to them working there.
    He has been trying really hard to look for a job this stupid offence keeps biting him on the bum and trust me when I say he realises what a stupid mistake he made. If only someone gave him a chance..
  • BillyB
    BillyB Posts: 156 Forumite
    Eighth Anniversary 100 Posts Combo Breaker
    I know what you mean as he has worked so hard and it sounds like it has been quite a long process, only for them to leave a quick message with no real explaination after all the work he's put in. I know of someone in a similar situation who struggles because of a record. It does sound odd that he rang them to let them know and they just changed the start date and then only later informed him that they wouldnt be continuing with it. Has he received a copy of the CRB?
  • *DaDa
    *DaDa Posts: 62 Forumite
    BillyB wrote: »
    I know what you mean as he has worked so hard and it sounds like it has been quite a long process, only for them to leave a quick message with no real explaination after all the work he's put in. I know of someone in a similar situation who struggles because of a record. It does sound odd that he rang them to let them know and they just changed the start date and then only later informed him that they wouldnt be continuing with it. Has he received a copy of the CRB?

    Again thanks for being so understanding..No he has not recieved a copy of the CRB which is why he has requested the DPA information from them.
  • BillyB
    BillyB Posts: 156 Forumite
    Eighth Anniversary 100 Posts Combo Breaker
    Thats a bit odd, Everytime I have had one done, Ive filled in and sent off. They (The Criminal records bureau) send one to the employer and one directly to me. Ive had 3 or 4 done as in Care work and volunteering, need one for each place and I've always had one sent to me. The letter looks good though, hopefully he'll hear back from them soon!x
  • *DaDa
    *DaDa Posts: 62 Forumite
    It was a standard check so I dont think they send one to the house. Will be sending the letter off on Monday.
    Again Many Thanks and please keep your fingers crossed..(Not for too long mind! :) )x x
  • BillyB
    BillyB Posts: 156 Forumite
    Eighth Anniversary 100 Posts Combo Breaker
    Never thought of that, only ever had the enhanced ones! Yep, Fngers crossed for you!x
  • bluenoseam
    bluenoseam Posts: 4,612 Forumite
    They don't need to give him a chance, he failed the CRB check & there will be people who DON'T fail the check - their choice, ultimately might be their loss, but they're not going to lose sleep over it, neither should you/OH.
    Retired member - fed up with the general tone of the place.
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