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New job offer - eligibility for DBS check


New job offer - eligibility for DBS check

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Debbie Sadler
Debbie Sadler
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Hi millardraft,

It's usually quite difficult to say for certain whether a job is eligible for a DBS (was the CRB) check (i.e. standard or enhanced) but in your case it seems pretty obvious - that job is almost certainly not one that will be eligible.

Couple of things to point out:

1. It could be that they state 'CRB' (for the reasons you mention) but actually mean 'basic disclosure' - this is something all employers are entitled to carry out, and is obtained from Disclosure Scotland
2. Is your conviction spent? You say a 'serious crime' - what was you sentenced to? This is important, because if it's spent, then it won't come back on a basic disclosure, so you wouldn't need to disclose, but if it's still unspent, you'll need to disclose if they're asking
3. If they try to do a DBS check on you, our advice would be to try and delicately question this, but then ultimately you'll have to consent to it (as you say, it's hard to challenge there and then) but then use the DBS eligibility query process

All of this is covered in a guide we have written on the DBS process - see hub.unlock.org.uk/knowledgebase/unlocking-criminal-record-checks-guide-people-criminal-record/

On balance, I suspect the employer has made a mistake in stating 'CRB' - they probably mean a basic disclosure, which then makes it important as to whether your conviction is spent or not. Even if it's unspent, it doesn't mean you can't take the job, it just means you'll have to disclose it.

Hopefully this helps put your situation into perspective. Take a look at the guide I've linked to above, and then if you have any further questions, please get in contact directly (our details below) - we'd be interested to know the outcome either way.


Unlock Helpline - confidential peer advice on overcoming the effects of criminal convictions

Call: 01634 247350 (Press 1)
Text: 07824 113848
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Debbie Sadler
Debbie Sadler
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Group: Forum Members
Posts: 410, Visits: 5.2K
We would hope that an employer would try to find out more about the circumstances surrounding your conviction and assess the situation with this in mind. The fact that you have not offended since and have been working successfully in a similar organisation should be taken into account. The Unlock Helpline speaks to people on a regular basis who have been in this situation and have gone onto successfully gain employment.

However, an employer can ultimately do what they like and at this stage you would have very few employment rights. Although it would not be good practice, there is nothing illegal about this.

Please feel free to ring the Helpline if you would like to discuss this further.


Unlock Helpline - confidential peer advice on overcoming the effects of criminal convictions

Call: 01634 247350 (Press 1)
Text: 07824 113848
Email: advice@unlock.org.uk
Write: Helpline, Unlock, 35a High Street, Snodland, Kent, ME6 5AG

Find online self-information information, visit hub.unlock.org.uk



Need Unlocks advice? Visit our self-help information site or contact our helpline
millardraft
millardraft
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Thank you for your input. The conviction is never spent, unfortunately, so I guess it's a question of whether they actually want to do the check or not. The job has nothing at all to do with the crime, and I have led a crime free life before and since the incident in 2006. Many employers who have successfully employed me have never even asked about a criminal record, and hence I have never been required to disclose in those instances.
 
Are they allowed to 'sack' me in a few weeks just because I have a record, or should they always open the table for discussion? I'm in a position here whereby I've given up a perfectly good job to go back onto benefits... seems a tad unfair!
millardraft
millardraft
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I have just received a verbal job offer for work in a brand new restaurant / pub as front of house supervisor. It's just a new refurbished pub serving good food - nothing more. I handed my notice in on my old job last week, which was similar, and have now received the terms of my new job which states they will require satisfactory disclosure from the CRB, two references and medical records!!
 
I was convicted of a serious crime 7 years ago, served my punishment and have been trying to rebuild my life ever since, crime free and in a responsible manner. I want to work, and have had good and successful jobs in the last 4 years. I also need to work to pay my way in life.
 
Firstly, is this new job even eligible for a CRB check? I am reluctant to even ask the question for fear of raising the past and jeopardising my new job offer.
 
The owners of the business also own a care home - nothing to do with the pub at all and somewhere else in location. I fear that they have just copied and pasted the conditions of employment from one of their care home job offers and regurgitated it for the new pub employees, of which I am one (potentially)
 
Could someone please offer me some advice as to whether I should shut-up and let it run it's course or raise the issue. I really don't want my conviction to become common knowledge. Have I now potentially jeopardised my full time job?
Anonymous
Anonymous



What was the Offence and what was the sentence?


Legal academic and adviser.


GO


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