theForum

An ex-employer has disclosed my 'spent' conviction


https://forum.unlock.org.uk/Topic24611.aspx

By MrsB1981 - 5 Jun 17 1:52 PM

I am looking for some advice please, I left my previous employer in August 2016. Whilst employed there I received a conditional discharge (6 months) in April 2016 which is now spent. This was linked to a domestic situation and damage caused to a vehicle.

I have applied for a job and been offered it subject to references which they have now received but the previous employer has stated 'has a criminal conviction for damage to property' on my reference, the job I've applied for is as a sales/Lettings agent in which I have not been asked to disclose any convictions.

I have explained the conviction to my new employer etc and they are okay with it but I've read that it's illegal for any 3rd party to disclose my conviction.

What should I do?
By Deb S - 7 Jun 17 5:07 PM

MrsB1981 - 7 Jun 17 3:04 PM
Hi Debs, The information you provided was excellent. I contact the ICO and they advised that the former employer has breached the data protection act regarding sensitive information. I have been advised to write to my former employer stating what they have done and give them 28 days to respond once they have responded or the 28 days have lapsed, I need to send all relevant documentation to the ICO for them to investigate and offer a formal decision. After this time I could claim compensation through a small claims court. I will keep this post updated incase it is relevant to anyone else in a similar situation. Thank you once again.

Hi 

Sounds like the ICO have given you some great advice. If you need any help with anything let us know.

Keep us posted - I'm sure this will be of help to anybody else having to go through a similar situation. We don't see employers behaving like this very often but when they do, the consequences can be horrendous.

Wishing you the best of luck.

Debs