DBS Check after Getting A Job

Andy500

I started working in a new job back in October. I had been trying to get something decent for ages so was pleased to get it and have worked hard at it. Things seem to be going well and my 6 months Probation period ends in mid April. Last week I was told that they needed a DBS check for me and that this should have been done before but it wasn't. I always hoped that this wouldn't come up as I took a risk when applying for the job and said that I didn't have a criminal record and hoped they wouldn't check. Now that they are asking I am trying to figure out what is the best thing to do. Just go ahead and sign the form =, tell them before it comes back or maybe try and delay it a bit and delay until my Probation period is over. I know I might have more rights after that.

They've had no problems with me and hoping they will keep me on. I don't want to lose a job over something I did before and was already punishedfor nut have found out from before that people dont really want to give people a chance if they have messed up efore.

[Deleted User]

Is your conviction spent? 

Which DBS level are they applying for? 

Andy500

Think it's just the standard/basic check.
No it won't be spenyt until the end of 2022. I got 9 months in prison so it is 4 years after finishing the sentence when it is spent.

Marcon

Andy500 said:

Just go ahead and sign the form =, tell them before it comes back or maybe try and delay it a bit and delay until my Probation period is over. I know I might have more rights after that.

I'm afraid what you 'know' isn't correct. Lying on a job application is almost always grounds for dismissal - and with under two years' service they can dismiss you on pretty much any grounds. Failing to disclose a conviction which has not been spent, in a job which requires a DBS check, is certainly going to come into that category. 

Depending on the nature of the offence for which you were imprisoned, and why your current job necessitates a DBS check, it might be sensible to tell the truth now and see if they are in that open-minded minority who are prepared to give you that elusive second chance.

TELLIT01

Andy500 said:

They've had no problems with me .......

Unfortunately they are going to discover they have had a problem with you, namely you lied on your job application.  Completing probation will make no difference to employment rights because you still haven't been employed by them for 2 years or more.  I would suggest that even if you had been there over 2 years you could/would still be sacked for gross misconduct.

You're not even in a position to be able to claim that you thought the conviction was spent if there is nearly 2 years until that is the case.

AskAsk

it doesn't sound good OP.  they will certainly not take the results in a positive light as a prison sentence is quite serious and you had lied to them, which makes it worse.

if i were you, i would start preparing for the worse scenario.

Savvy_Sue

I'd start by contacting NACRO or similar to get some help with this - if you'd done this before lying on your application it would have been even better. I know it's too late now, but since you may well need help with safe disclosing in future, well worth doing! 

I'd be guided by NACRO on this next bit, but I would also try to find out who in your organisation deals with DBS checks. Whatever you disclose should not be made widely available, but it WILL be known to whoever gets to see the checks, and it may be that person who makes the decision, or it may be someone more senior - whoever it is, the information sharing and decision making should be strictly limited. For example, if it was decided that the initial deception was enough to lead to your dismissal, it would almost certainly be good practice to terminate you without telling your line manager why that decision had been reached.

Your line manager may or may not be involved in any such decision, so while you might think that telling them NOW and hoping they would support your continued employment would be good, it might just mean that your LM is one more person who now knows about your record, when actually they do not need to know ... 

Gavin83

Andy500 said:

I started working in a new job back in October. I had been trying to get something decent for ages so was pleased to get it and have worked hard at it. Things seem to be going well and my 6 months Probation period ends in mid April. Last week I was told that they needed a DBS check for me and that this should have been done before but it wasn't. I always hoped that this wouldn't come up as I took a risk when applying for the job and said that I didn't have a criminal record and hoped they wouldn't check. Now that they are asking I am trying to figure out what is the best thing to do. Just go ahead and sign the form =, tell them before it comes back or maybe try and delay it a bit and delay until my Probation period is over. I know I might have more rights after that.

They've had no problems with me and hoping they will keep me on. I don't want to lose a job over something I did before and was already punishedfor nut have found out from before that people dont really want to give people a chance if they have messed up efore.

You are not losing the job for something you did before, you are losing your job for mistakes you continue to make. You will after all lose your job for the lying, not the previous conviction. While you continue to lie this’ll remain an issue.

I think you have to accept that this job is lost and attempt to find another. If you resign now you may even get a reference.

Marcon

Gavin83 said:

Andy500 said:

I started working in a new job back in October. I had been trying to get something decent for ages so was pleased to get it and have worked hard at it. Things seem to be going well and my 6 months Probation period ends in mid April. Last week I was told that they needed a DBS check for me and that this should have been done before but it wasn't. I always hoped that this wouldn't come up as I took a risk when applying for the job and said that I didn't have a criminal record and hoped they wouldn't check. Now that they are asking I am trying to figure out what is the best thing to do. Just go ahead and sign the form =, tell them before it comes back or maybe try and delay it a bit and delay until my Probation period is over. I know I might have more rights after that.

They've had no problems with me and hoping they will keep me on. I don't want to lose a job over something I did before and was already punishedfor nut have found out from before that people dont really want to give people a chance if they have messed up efore.

You are not losing the job for something you did before, you are losing your job for mistakes you continue to make. You will after all lose your job for the lying, not the previous conviction. While you continue to lie this’ll remain an issue.

I think you have to accept that this job is lost and attempt to find another. If you resign now you may even get a reference.

That's a very good point. Given the employer has yet to apply for a DBS check, and doesn't know there is a problem, resigning might be no bad idea if (as seems highly likely) dismissal is likely to follow. It isn't risk free - the employer may smell a rat, or still want to go ahead with the DBS check (e.g. to ensure they comply with particular insurance policies they may need to hold, depending on the type of business); and of course if OP 'voluntarily' resigns it will impact on any benefits which might otherwise be claimed following the loss of a job.

Misteek

Resign and get a reference.  You can do a few temp jobs until 2022. So dont worry mate.
 They cant do a dbs check without consent.

What field is the job in ? Healthcare?

74jax

Andy500 said:

I started working in a new job back in October. I had been trying to get something decent for ages so was pleased to get it and have worked hard at it. Things seem to be going well and my 6 months Probation period ends in mid April. Last week I was told that they needed a DBS check for me and that this should have been done before but it wasn't. I always hoped that this wouldn't come up as I took a risk when applying for the job and said that I didn't have a criminal record and hoped they wouldn't check. Now that they are asking I am trying to figure out what is the best thing to do. Just go ahead and sign the form =, tell them before it comes back or maybe try and delay it a bit and delay until my Probation period is over. I know I might have more rights after that.

They've had no problems with me and hoping they will keep me on. I don't want to lose a job over something I did before and was already punishedfor nut have found out from before that people dont really want to give people a chance if they have messed up efore.

Why would you have more 'rights' after probation, what 'rights'? 
I think you should check your contract to double check as I think you are delaying for nothing.