Withdrawal of Employment offer - Advice needed

whitewing

I think it would be worth asking about the reason the DBS was done (at an appropriate time) because there have to be proper reasons for doing one. If they don't have a proper reason, then you could argue that your conviction is not relevant for your admin role.

mrsplinter

ljrees wrote: »

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told that as my company have a "blanket policy" of not employing people with unspent convictions I may have the offer withdrawn and even lose my temporary role.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

The changes to the rehabilitation of offenders act in March are retrospective. So your conviction is now spent. The NACRO website has more information. Looks like the CRB check is mistaken.

pioneer22

Hello lots of incorrect info on this thread.

It's 11 years for a conviction and 6 years for a caution.

Why did they do a crb? Are you in regulated activity? If so what regulated activity are you doing? It's it healthcare related?

pioneer22

Also it's called DBS and the conviction is never removed it's filtered off between the police computer and the DBS service?

theoretica

Do you have this 'blanket policy' in writing? Employers who do checks have a legal duty not to discriminate unfairly. See
https://www.gov.uk/government/publications/dbs-sample-policy-on-the-recruitment-of-ex-offenders

[Deleted User]

ljrees wrote: »

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.

Was the job through a third party? maybe as much as I hate it not all info always gets passed on like it should? (I'm convinced it goes on)

I hate the world we live in and you have every right to be upset as declared it, I wouldn't let it drop x

ljrees

Have just heard that the offer has been withdrawn.

Have spoken with disclosure scotland who provided the CRB check who have clarified that the convictions stay as unspent for 5 years due to the endorsement of my DL, and they have said that the change in the law was not retrospective. Does anyone have any guidance I can send over to support my case - seems really petty that I have lost my job due to something like this when I rightly declared it to them.

Laura

Undervalued

pioneer22 wrote: »

Hello lots of incorrect info on this thread.

It's 11 years for a conviction and 6 years for a caution.

Shame you added some more then!

It is nothing like as simple as that. Certain convictions are never "spent" and a shorter time period applies to some others.

OP, you need to get some professional advice on this. IF your conviction is "spent" due to the change in the law (and I don't know the answer to that) then they are committing an offence by discriminating in this way.

pioneer22

Undervalued wrote: »

Shame you added some more then!

It is nothing like as simple as that. Certain convictions are never "spent" and a shorter time period applies to some others.

OP, you need to get some professional advice on this. IF your conviction is "spent" due to the change in the law (and I don't know the answer to that) then they are committing an offence by discriminating in this way.

No your right certain offenses are but i doubt the op has been done for terrorism or sexual related offenses. No shorter time period applies where did you get this information from??

You didn't read my comment are you in regulated activity? I need to know this you could be an administrator at a GP practice therefore a DBS check would apply.

Undervalued

pioneer22 wrote: »

No shorter time period applies where did you get this information from??

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/216089/rehabilitation-offenders.pdf