Withdrawal of Employment offer - Advice needed

Bantex_2

Undervalued wrote: »

Yes, I'm well aware of that!

However, with the current issue on the table they would really have to come up with a valid other reason or they would be leaving themselves wide open to a claim.

Claim for what?
I do not believe that ex criminals fall into any protected group.

Undervalued

Bantex wrote: »

Claim for what?
I do not believe that ex criminals fall into any protected group.

Have you actually read this thread?

It is unlawful to discriminate on the grounds of a spent conviction (except in certain occupations that are exempt from this requirement). It is quite possible that the OP's employers are discriminating in that way.

So yes, in a sense, "ex criminals" as you so tactlessly put it are a protected group!

Who?_me?

An ex boss of mine said that the information that comes on a DBS check is more to make the employers aware - and the employer can the make a judgement call. There was a member of staff who had had a fight in a pub as a younger person, and this was on their recrod. However, he was taken on as the company felt that they were no longer of risk - obviously having interviewed and references etc. What I don't get it why they have been employing you as a temp, presubably with out a DBS check, but now permenant they want a DBS check.
Anyway, a DBS check only proves you haven't been caught.

LittleVoice

I suggest you remove the company name from the draft. Have you mentioned it elsewhere in this thread?

Cissi

LittleVoice wrote: »

I suggest you remove the company name from the draft. Have you mentioned it elsewhere in this thread?

Yes do this ASAP or this thread will soon appear whenever anyone googles the company for any reason :eek:


I also suggest removing your first name from the email in post #24 and changing your username if those are your initials and last name - hopefully they aren't!

ljrees

have deleted the info - thank you for the advice

ljrees

Who?_me? wrote: »

An ex boss of mine said that the information that comes on a DBS check is more to make the employers aware - and the employer can the make a judgement call. There was a member of staff who had had a fight in a pub as a younger person, and this was on their recrod. However, he was taken on as the company felt that they were no longer of risk - obviously having interviewed and references etc. What I don't get it why they have been employing you as a temp, presubably with out a DBS check, but now permenant they want a DBS check.
Anyway, a DBS check only proves you haven't been caught.

your guess is as good as mine! Have just been told that I can stay temporary, which isnt really what I wanted.

whitewing

Maybe they want you to temp while they change the procedures. It is still good for continuity on your CV.

fluffy70

from what I can see you are NOT in a regulated activity...... I work as an administrator running a team in adult social care - we don't have direct contact (apparently) with clients (although we do spend time with them when minuting meetings etc) but as admin we are now not a regulated activity - so despite the fact that I probably know more about each client's personal and financial details than anyone else in our department it would be against the law for my employers to carry out a DBS check on me due to data protection.

Therefore I think that data protection laws have possibly been breached by you having to submit to either a DBS check or Disclosure Scotland check - which by the by is not what they should do if you are employed in England - DBS should be done not Disclosure Scotland. If your job doesn't involve any of the below they should not have checked you:



1. healthcare for adults provided by, or under thedirection or supervision of a regulated health care professional

2. personal care for adults involving hand-on physicalassistance with washing and dressing, eating, drinking and toileting; promptingand supervising an adult with any of these tasks because of their age, illnessor disability; or teaching someone to do one of these tasks

3. social work - provision by a social care worker ofsocial work which is required in connection with any health services or socialservices

4. assistance with an adult’s cash, bills or shoppingbecause of their age, illness or disability arranged via a third party

5. assisting in the conduct of an adult’s own affairsunder a formal appointment

6. conveying adults for reasons of age, illness ordisability to, from, or between places, where they receive healthcare, personalcare or social work arranged via a third party
If your HR department state that they don't follow the DBS rules (possibly because you don't fall into a regulated activity as above) then they have no right to ask for your background surely as a driving conviction is hardly a hazard especially when you are not an essential driver in your position.