Withdrawal of Employment offer - Advice needed

ljrees

Good Afternoon everyone,

I am currently a temporary role that I have been in since Feb 2014. I have been offered a permanent contract in the same role, and was due to go perm on 1st August.
When I accepted the offer and completed all of the necessary paperwork I was asked if I agreed to a CRB check which I did, and I disclosed a driving offence I was convicted of in 2011, where I had a ban and a fine (paid and finished ban)
Further to me declaring this I have been told I would stay temporary until the CRB is back. It came back on Monday and is showing the conviction I declared, and it comes up as unspent for 5 years due to the rehabilitation of offenders act 1974.
I know the law has now changed and if i committed the same offence now then it would only appear as unspent for 1 year.

I have now been told that as my company have a "blanket policy" of not employing people with unspent convictions I may have the offer withdrawn and even lose my temporary role.

Are they allowed to do this? I declared the conviction on my acceptance of offer, do not drive as part of my job either.

I am not in an "at risk" job, I am an administrator.

Any advice would be greatly appreciated.

SimonD323

Hmm..that's a tricky one. When you first declared the conviction, was it ever brought up before the initial offer, or did no one bring it up?

ljrees

No one mentioned it to me at all.

I'm so confused as to why my having this on my record should affect my going permanent in a role I am already in?!

lincroft1710

As you have been in their employment for less than 2 years, they can just say "ljrees, your services are no longer required, here's x week's notice".

Bantex_2

You have been there less than two years, if they wish they get get rid of you with no reason at all.

ljrees

I am due to hear this afternoon of the outcome of a meeting about this so will keep you posted.

Undervalued

You can do nothing apart from hope for the company's goodwill I'm afraid.

If the conviction was "spent" then it would be illegal for them to base their decision on it but, if I understand you correctly, it is not as the change in the law was not retrospective?

ljrees

Yes that's right - even though the court can prove I completed my ban and paid the fine the conviction still shows as spent as it was before the law changed in March 2014.

Very frustrating, but at least I was transparent and declared it.

Bonfire_Bride

I hope this goes your way! Unfair for it to mess up a chance of becoming permanent.

whitewing

I don't know if insurance for the company is higher if convictions are unspent.

Why was the DBS done if you can do the job without it now?

ljrees

I have no clue - I wasn't told of these checks when I applied for the job otherwise I would have declared it back in February and probably not been offered the role.

The fact that I declared it on the paperwork when I accepted the offer has surely got to count for something? Hoping that they can pull some strings.