Should I have disclosed?

By Jim - 23 Oct 15 1:48 PM


I was convicted back in May 2014 for a serious offence which will not be filtered on any checks, and my licence will be finished in August 2016. I have recently been offered employment but during the phone interview and face to face, not once did they ask me for any criminal convictions. Because my convictions is unspent, should I have disclosed?

I know based on Unlock information, I have no need to disclose but I'm wondering if any of you have been through a similar situation and have any advice.

Many thanks in advance!

By bahh - 18 Nov 14 1:11 PM

Hi Jim

From an employment law perspective you are perfectly safe, namely you cannot be dismissed for non disclosure if you were never asked.

If they found out in the future they may attempt other grounds for dismissal if they have any, or are underhand etc. Of course, if there are none you should be seeking a compromise agreement.

This response addresses the legal side only. I would guess the employers response will be measured by your value to them versus their perception / view of your offence.. and any fallout for them.

Good luck.
By Jim - 23 Oct 15 1:48 PM

Many thanks for your reply, it helps a lot.
By bahh - 18 Nov 14 1:11 PM

You are welcome, Jim.
By Deb S - 16 Sep 11 1:36 PM

Hi Jim

I agree with bahh, if you haven't been asked then there's no legal requirement to do so.

If they do find out in the future, then as bahh says, they may try to find some other way to dismiss you. Hopefully, you will have had enough time to prove what an asset you are to their company and they may just be one of those organisations that are able to look beyond one event in somebody's past.

Good luck in the new job. Let us know how you get on.


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By doug - 10 Jul 14 4:57 PM

Hi Jim, if they haven't asked, then don't disclose. There is no law that says you have to self disclose, whatever probation might say.
By bahh - 18 Nov 14 1:11 PM

Just a cautionary caveat re Dougs response.

I have been through this with probation...appeals, ombudsman... the works...and they WILL breach me if I take employment without disclosure. See the 'work as directed' licence condition. Ive been in this situation for 18 months now.

Probation, as we know, are a law unto themselves, at times. I'm off licence in April and they know they can poke it then. Ive had 5 job offers from 6 interviews (senior positions)...but then disclosure.....still on benefits. Enough said, me thinks.

Just beware, that's all.
By Hola - 20 Jan 16 6:05 PM

you're all correct - no need to disclose if not asked but equally probation can inform your new employer if they see a risk and you tell them ... ... ...
but why tell them ? just fob them off or if you have ' good guys' trust them
I changed work 3x and never had an issue, even with a dreaded SOR offence, so it can be done