theForum

new job offer - not been asked about convictions... yet...


https://forum.unlock.org.uk/Topic2232.aspx

By js - 23 Feb 14 2:28 PM

Hi,
I've been offered a new job and yet to be asked about convictions. Am due to start shortly (currently just temping) and its a great opportunity so really want to be able to take it up.

i got a conviction last year which will be spent in april with the new laws.

But am really worried that on day 1 at the new job, i'll be asked to disclose and / or will be presented with a form for a basic / standard / enhanced DBS check. If that happens, i guess i'll have to find a quick reason to resign almost straight away. Sounds silly, but it's better to be safe than sorry.
When i applied for the job, as it's for a very small, newish firm i'd been hoping that they've yet to get up and running with any formal HR procedures so there was a chance i wouldn't be asked THE question - now am scared this won't be the case.

The other option is to not take up the new job offer, carrying on temping (not keen on that - it's a really sh*t job) and wait a couple of months till the conviction becomes spent and then can apply for anything. Just it seems such a waste to turn down this offer.

Anyone been in this position?
Any ways of resigning diplomatically after your first day?
What are the practicalities of getting a DBS check done? How would I know this is happening & would i have any control over that situation?

Thanks a lot for any help anyone can offer.
By TonyTiano1 - 8 Feb 14 7:05 PM

Hi Js

I was in EXACTLY the same situation as you a few weeks back, worried about Day 1 forms, so I just declined the offer beforehand as silly as it sounds, hence the anxiety/amebarrasement, etc of the question being asked on Day 1. I had no previous convictions, but a conditional discharge which is spent this August (thank god)
The problem is, they always do 'ask THE question' at some point. If it is not beforehand, it will most likely be on the job offer in writing or on Day 1/1st week forms, etc.
It is just so annoying, how minor convictions/hence declaring gives the employer the opportunity to say no straight away. I have had 3 withdrawals after an offer rejected already as a result of 'doing the right thing'
I think you would be better of temping for another few months as you are doing, but as you say such a a wasted opportunity as mine was. Still gutted about it, and trying to move on, but declaring an unspent conviction is however minor is just so stressful, as all you want to do, like me, is try and earn a honest living. Do you think the company being a newish firm have their policies in place though? I understand, hence the unknown/frustration of not knowing this mate. Tony
By simon - 20 Feb 12 8:52 PM

i dont really see the embarrassment side of it.

in the past i have filled out the forms kept quiet and seen it as their problem.

it is their decision and their problem.
By TonyTiano1 - 8 Feb 14 7:05 PM

I know what you mean Simon. However it's hard enough to find work as it is under today's current economic climate, and after applying, interview, offer, etc, for it to be withdrawn time and time again because of a minor 'incident' for 1 night of your life which is completely unrelated to your professional life or normal life is just so soul destroying.
How do people find employment under these circumstances? How did you get through it?
By turbo - 2 May 12 5:18 PM

My convictions becomes spent march 10th after 26 years :-)

I have been working as a professional consultant in Investment banking, government (MOD/FCO) and the Media for nearly 20 years. I have only once supplied proof via a disclosure and this was ok. I NEVER ever declare an unspent conviction.

If you do you will 98% of the time NOT get the job..

this is how I have progressed in my career. Saying this Banking now require a basic disclosure and most other organisations do as well so this will help me. But in the past I have always steered clear of organisations who request this crap.
By simon - 20 Feb 12 8:52 PM

i often find the organisations who always want crbs tend to pay crap money anyway.

tony i am a contractor to the construction industry self employed though but i have survived a few returned crbs, i just explain to them that i was in the past and more often than not i have already started the contract by the time they find out so they actually know me fairly well by that point. plus they will lose time by sacking me and finding a replacement.

i have even had one of the managers laugh at my record once. they arent that bothered in my industry to be honest.
By TonyTiano1 - 8 Feb 14 7:05 PM

Turbo - I commend you on moving on, etc....
However when that question is asked on application form or in person, have you any previous convictions or (unspent)? How did you KNOW they were not going to check on 'basic disclosure'? This is the issue. You are right though, declaring it means 98% you will not get the job, no matter how minor....
By simon - 20 Feb 12 8:52 PM

but you do not have to declare spent convictions anyway so why would you?
By TonyTiano1 - 8 Feb 14 7:05 PM

Simon - Nice one on your situation and industry where you have got by. I stated there 'unspent' mate/I have an interview tomorrow and was told I have to fill in application form. Obviously that question will come up, and when I declare it, all over again. Completely irrelevant to the role, but doing the right thing again will cost me even the chance of the job.....
By simon - 20 Feb 12 8:52 PM

i know what i would do but i cannot advise you to do something you are not supposed to do. Smile
By turbo - 2 May 12 5:18 PM

Tony

I lie
By simon - 20 Feb 12 8:52 PM

oh no, you dont do you!

no wonder the general public hate us all.
By nelson1805 - 16 Jun 13 11:53 PM

I work in the private security industry. I have a SIA licence. During the application process for this you have to undergo a standard disclosure check. I have one minor conviction for which I got a fine, however as I live in Scotland I don't benefit from the recent changes. I always disclose because I like to be up front about everything when I apply for a job so that there are no surprises later on. I make a point of mentioning it on application forms at the first opportunity. I have only had one offer withdrawn after disclosing my conviction. I have worked for a number of security companies including a couple of large international companies and my unspent conviction has never been a problem. It's a matter of personal choice but I think you should be honest and explain the circumstances if asked.
By aim - 8 Oct 10 11:54 AM

Hi js and welcome,

Unless your role is working with vulnerable adults or children or is on the list of exempted professions you should only be asked about unspent convictions which is a basic check which does not involve the DBS but Disclosure Scotland. You'll be ok in April. So you can either lie if asked and hope they don't check (they need your signature to consent to a basic check so you'd know if they are going to) or drag it out until April. You could fill out a form with wrong information. If you conviction is discovered the offer is likely to be withdrawn. The usual excuse is risk (without asking about how the conviction happened). I have been rejected for a role 2.5 weeks before mine is spent as I knew they'd check.
By Victor H - 15 Dec 13 7:37 PM

Also to remember any company running a dbs check everything will show up spent or unspent convictions, even conditional discharges and cautions will show up. When your time has become spent you do not need to disclose obviously.... but when that dbs check comes up everything pops right up.

So nothing really gets spent or deleted with a dbs standard or enhanced check, and sadly UK employees will continue to break the law and decline anyone with a criminal record due to fear and not "risking" it for the company in case its part of Great Britain's attitude to cover their backsides first.... course you can disclose and depending on your offence and crime and job your applying for you may just get passed it all. Otherwise its live the lie which is the only thing you can do to support yourself and put bread on the table.

Moving abroad where less illegal checks occur or going self employed or working for family/friends or sticking to low level jobs ie in tescos where such checks don't take place much are the only options.

Having said tescos they too ask for criminal convictions on the app form, not sure if they would check it though fully...

As for taking a job and then bailing on the company.... just do it I once did not bother to turn up the next day and sent a letter saying I found another job. Not like I am going to see or speak to them again and if they are asking for a dbs check which imo is an illegal act itself due to privacy invasion and more so if its for a job position that is not deemed suitable for a dbs check then why bother with that company!

Goodluck with the job and hopefully its a job role that does not require a dbs check or basic check...