Work Investigation Interview
whambam
Posts: 508 Forumite
Hi,
I have been suspended for 3 days from work due to my previous conviction? Can my employer legally do this after giving me a new job?
Also, I may need to attend an Investigation interview to establish the facts around my conviction.
Has anyone been down this road before? Can my employer or HR department contact the DBS/Police/Courts to get further information on the details and the police/court report on my conviction without my consent or could they ask me?
I think usually they check if a conviction is spent or unspent how serious it is and decide from there.
I have been suspended for 3 days from work due to my previous conviction? Can my employer legally do this after giving me a new job?
Also, I may need to attend an Investigation interview to establish the facts around my conviction.
Has anyone been down this road before? Can my employer or HR department contact the DBS/Police/Courts to get further information on the details and the police/court report on my conviction without my consent or could they ask me?
I think usually they check if a conviction is spent or unspent how serious it is and decide from there.
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Comments
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Did your employer require that you disclosed your conviction at the time you were applying/interviewing for the job. If so did they make it clear that non disclosure would be a disciplinary offence? Do you work in a protected role where a DBS check is required by law?
Is your conviction spent or unspent?[SIZE=-1]To equate judgement and wisdom with occupation is at best . . . insulting.
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I did disclose my conviction when asked on the application form.
They do standard dbs checks not enhanced.
My conviction is unspent in Scotland, but spent in England. The company is an english based company in Scotland.
I need to know if employers can get the same info as myself like a subject access request full details of the court case, police interview dvd recording, police reports?0 -
This doesn!!!8217;t seem to make any sense. You correctly described the conviction before you started work, a DBS check confirms what you said, but you have now been suspended?
Why? Did someone make a mistake in allowing you to start with this conviction, have they changed their mind, or are you saying that you did not give all of the appropriate details?
Edited to add, I!!!8217;ve just read some of the OP!!!8217;s previous posts, and he seems to have an interesting take on the law. I suspect that the opening post and reality are not a close match.0 -
How come your conviction in unspent in one country but spent in another?0
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How come your conviction in unspent in one country but spent in another?
Presumably different rules in Scotland and England. Knock yourself out comparing the two to find what's different.
https://www.mygov.scot/convictions-higher-disclosures/
https://www.gov.uk/exoffenders-and-employment0 -
This seems really unusual. All I can think of is they've maybe found out that what what you did was much more serious than they realised. Are there newspaper articles online about it?0
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This doesn!!!8217;t seem to make any sense. You correctly described the conviction before you started work, a DBS check confirms what you said, but you have now been suspended?
Why? Did someone make a mistake in allowing you to start with this conviction, have they changed their mind, or are you saying that you did not give all of the appropriate details?
Edited to add, I!!!8217;ve just read some of the OP!!!8217;s previous posts, and he seems to have an interesting take on the law. I suspect that the opening post and reality are not a close match.
Indeed.
Plus, what is it the OP is worried about the employer finding if they did get the information he seems to be worried about.0 -
This doesn!!!8217;t seem to make any sense. You correctly described the conviction before you started work, a DBS check confirms what you said, but you have now been suspended?
Why? Did someone make a mistake in allowing you to start with this conviction, have they changed their mind, or are you saying that you did not give all of the appropriate details?
Edited to add, I!!!8217;ve just read some of the OP!!!8217;s previous posts, and he seems to have an interesting take on the law. I suspect that the opening post and reality are not a close match.
There was a huge mistake/system error by the courts on my DBS certificate that has now been removed, however re-issuing a new certificate takes upto 21 days with DBS.How come your conviction in unspent in one country but spent in another?
In England and Wales the punishments/sentences are less in Scotland its harshers its been like that since 1974. Thing is the company is English company who are eligible to register for DBS checks not disclosure Scotland checks, so I could be okay according to DBS but not okay with Disclosure Scotland certificate?Indeed.
Plus, what is it the OP is worried about the employer finding if they did get the information he seems to be worried about.
My view is that if you haven't been convicted went to court or dealt with a similar situation then you will make the incorrect choice based on assumptions, paperwork, mistakes and hearsay its when you take it to a tribunal and make several appeals you win nowadays. People have other agendas other than doing the right thing.0 -
Hi,
I have been suspended for 3 days from work due to my previous conviction? Can my employer legally do this after giving me a new job?
.
Less than 2 years service then? If so then they can kick you out for almost any reason, the exceptions do not include having a (spent) conviction0 -
I was told the Rehab of offenders act 1974 may protect me.
Also, I was told there is always an appeals process if you are dismissed.0
This discussion has been closed.
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