Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@. Skimlinks & other affiliated links are turned on

Search
  • FIRST POST
    • whambam
    • By whambam 9th Mar 18, 10:13 PM
    • 194Posts
    • 22Thanks
    whambam
    Work Investigation Interview
    • #1
    • 9th Mar 18, 10:13 PM
    Work Investigation Interview 9th Mar 18 at 10:13 PM
    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.
Page 1
    • dori2o
    • By dori2o 9th Mar 18, 10:22 PM
    • 7,598 Posts
    • 12,724 Thanks
    dori2o
    • #2
    • 9th Mar 18, 10:22 PM
    • #2
    • 9th Mar 18, 10:22 PM
    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?
    To equate judgement and wisdom with occupation is at best . . . insulting.
    • whambam
    • By whambam 10th Mar 18, 7:59 AM
    • 194 Posts
    • 22 Thanks
    whambam
    • #3
    • 10th Mar 18, 7:59 AM
    • #3
    • 10th Mar 18, 7:59 AM
    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?
    • John-K
    • By John-K 10th Mar 18, 8:41 AM
    • 654 Posts
    • 999 Thanks
    John-K
    • #4
    • 10th Mar 18, 8:41 AM
    • #4
    • 10th Mar 18, 8:41 AM
    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.
    Last edited by John-K; 10-03-2018 at 8:52 AM.
    • Ja7188
    • By Ja7188 10th Mar 18, 8:41 AM
    • 148 Posts
    • 159 Thanks
    Ja7188
    • #5
    • 10th Mar 18, 8:41 AM
    • #5
    • 10th Mar 18, 8:41 AM
    How come your conviction in unspent in one country but spent in another?
    • agrinnall
    • By agrinnall 10th Mar 18, 8:56 AM
    • 20,102 Posts
    • 15,823 Thanks
    agrinnall
    • #6
    • 10th Mar 18, 8:56 AM
    • #6
    • 10th Mar 18, 8:56 AM
    How come your conviction in unspent in one country but spent in another?
    Originally posted by Ja7188
    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-employment
    • Diamandis
    • By Diamandis 10th Mar 18, 10:16 AM
    • 264 Posts
    • 427 Thanks
    Diamandis
    • #7
    • 10th Mar 18, 10:16 AM
    • #7
    • 10th Mar 18, 10:16 AM
    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?
    • NeilCr
    • By NeilCr 10th Mar 18, 11:25 AM
    • 1,706 Posts
    • 2,282 Thanks
    NeilCr
    • #8
    • 10th Mar 18, 11:25 AM
    • #8
    • 10th Mar 18, 11:25 AM
    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.
    Originally posted by John-K
    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.
    • whambam
    • By whambam 11th Mar 18, 9:23 AM
    • 194 Posts
    • 22 Thanks
    whambam
    • #9
    • 11th Mar 18, 9:23 AM
    • #9
    • 11th Mar 18, 9:23 AM
    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.
    Originally posted by John-K
    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?
    Originally posted by Ja7188
    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.
    Originally posted by NeilCr
    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.
    • Andy L
    • By Andy L 11th Mar 18, 9:42 AM
    • 8,851 Posts
    • 7,290 Thanks
    Andy L
    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?

    .
    Originally posted by whambam
    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) conviction
    • whambam
    • By whambam 13th Mar 18, 7:47 PM
    • 194 Posts
    • 22 Thanks
    whambam
    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.
    • Comms69
    • By Comms69 13th Mar 18, 9:55 PM
    • 2,970 Posts
    • 2,938 Thanks
    Comms69
    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.
    Originally posted by John-K
    Hes intellectually challenged as some would put it...
    • whambam
    • By whambam 17th Mar 18, 11:51 AM
    • 194 Posts
    • 22 Thanks
    whambam
    does anyone know if your employer has legal right to ask the police more information on a employee a background check without the consent or signature of the individual?
    • TELLIT01
    • By TELLIT01 17th Mar 18, 1:41 PM
    • 4,880 Posts
    • 5,213 Thanks
    TELLIT01
    does anyone know if your employer has legal right to ask the police more information on a employee a background check without the consent or signature of the individual?
    Originally posted by whambam
    I can't answer that question, but do think you are clutching at straws to try to keep the job. Even if the 'rehabilitation' rules do apply, they can always find other reasons to terminate your employment long before you have been there 2 years.
    • pmduk
    • By pmduk 17th Mar 18, 1:45 PM
    • 8,328 Posts
    • 6,140 Thanks
    pmduk
    does anyone know if your employer has legal right to ask the police more information on a employee a background check without the consent or signature of the individual?
    Originally posted by whambam
    They can ask anything they like. The important thing to be asking is, Should the police be answering?
    • John-K
    • By John-K 17th Mar 18, 1:50 PM
    • 654 Posts
    • 999 Thanks
    John-K
    does anyone know if your employer has legal right to ask the police more information on a employee a background check without the consent or signature of the individual?
    Originally posted by whambam
    What are you hoping to hide? Why did you not just answer honestly upfront?
    • Comms69
    • By Comms69 19th Mar 18, 10:55 AM
    • 2,970 Posts
    • 2,938 Thanks
    Comms69
    does anyone know if your employer has legal right to ask the police more information on a employee a background check without the consent or signature of the individual?
    Originally posted by whambam
    Yes, they can.


    What the police answer may be debateable.


    It's certainly not common now, but 20 years ago police officers earned a nice little bonus running checks for local businesses.
    • whambam
    • By whambam 24th Mar 18, 11:56 AM
    • 194 Posts
    • 22 Thanks
    whambam
    What are you hoping to hide? Why did you not just answer honestly upfront?
    Originally posted by John-K
    Because employers go with what the police say they and 99% of the public believe that they serve in the best interests of the public, while they have little knowledge of what the Police is when you talk to whistleblowers it's a different story to what Police officers do.

    It's a game you need to play to win that's how I see it.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

1,501Posts Today

6,547Users online

Martin's Twitter
  • It's the start of mini MSE's half term. In order to be the best daddy possible, Im stopping work and going off line? https://t.co/kwjvtd75YU

  • RT @shellsince1982: @MartinSLewis thanx to your email I have just saved myself £222 by taking a SIM only deal for £7.50 a month and keeping?

  • Today's Friday twitter poll: An important question, building on yesterday's important discussions: Which is the best bit of the pizza...

  • Follow Martin