theForum is run by the charity Unlock. We do not actively moderate, monitor or edit contributions but we may intervene and take any action as we think necessary. Further details can be found in our terms of use. If you have any concerns over the contents on our site, please either register those concerns using the report-a-post button or email us at forum@unlock.org.uk.


When to disclose/ shoudl I / Should i not and wait to see if will register on ARCO or DBS


When to disclose/ shoudl I / Should i not and wait to see if will...

Author
Message
arunH
arunH
Supreme Being
Supreme Being (482 reputation)Supreme Being (482 reputation)Supreme Being (482 reputation)Supreme Being (482 reputation)Supreme Being (482 reputation)Supreme Being (482 reputation)Supreme Being (482 reputation)Supreme Being (482 reputation)Supreme Being (482 reputation)

Group: Forum Members
Posts: 10, Visits: 28
I am pending sentence for a drink and drive offense currently , was low limit so likely 12 month ban and sentence. I never read my initial contract and once i was charged read and it says during my employement its my duty to disclose offences . I am now confused whethere i need to or not for this offence and also when ? should i wait for court hearing ? or wait after sentence to see if it reflects on my records ? i am in a maangerial position and driving is not essential to my job and it wasnt a company car . I believe honesty is the best policy ( i have clean criminal record and no black mark within the company) genuinely i dont know , if i dont disclose its likely they wont find out as i am moving fully out of UK to a different role in another country within same organization (or) is it best to declare and face th consequences , how likely are they to fire me for this type of offence?

Was
Was
Supreme Being
Supreme Being (3.3K reputation)Supreme Being (3.3K reputation)Supreme Being (3.3K reputation)Supreme Being (3.3K reputation)Supreme Being (3.3K reputation)Supreme Being (3.3K reputation)Supreme Being (3.3K reputation)Supreme Being (3.3K reputation)Supreme Being (3.3K reputation)

Group: Forum Members
Posts: 169, Visits: 2K
I am not an expert, and it is while ago since I was a union workplace rep, so please seek legal advice or if you are a member of a union, their free legal advice line (I always paid my union subs just for that!)

Until sentence you are under the law innocent and not convicted. If it says you have to disclose convictions in your contract, I would have advised a fellow employee in your situation to disclose. It is possible to argue, if as you say, that driving in not an essential job qualification, you have fully owned up to your culpability and throw yourself at the mercy of HR. However, I think that failure to disclose would amount to gross misconduct, which is an "escorted of the premises" breach of contract if they should find out. 

Each individual company and case is different, so you will find getting hard and fast advice tricky.
Edited
Last Year by Was
arunH
arunH
Supreme Being
Supreme Being (482 reputation)Supreme Being (482 reputation)Supreme Being (482 reputation)Supreme Being (482 reputation)Supreme Being (482 reputation)Supreme Being (482 reputation)Supreme Being (482 reputation)Supreme Being (482 reputation)Supreme Being (482 reputation)

Group: Forum Members
Posts: 10, Visits: 28
Was - 27 Jul 20 6:27 PM
I am not an expert, and it is while ago since I was a union workplace rep, so please seek legal advice or if you are a member of a union, their free legal advice line (I always paid my union subs just for that!)

Until sentence you are under the law innocent and not convicted. If it says you have to disclose convictions in your contract, I would have advised a fellow employee in your situation to disclose. It is possible to argue, if as you say, that driving in not an essential job qualification, you have fully owned up to your culpability and throw yourself at the mercy of HR. However, I think that failure to disclose would amount to gross misconduct, which is an "escorted of the premises" breach of contract if they should find out. 

Each individual company and case is different, so you will find getting hard and fast advice tricky.
tks i am not  a member of the union. Yes u are correct , it is gross misconduct if they find out. better to approach based on verdict. just a add on that i have signed a contract within the company but for a different country and expected to move end of august while my sentence is expected on 16th , still do u feel its better to disclose ?


Was
Was
Supreme Being
Supreme Being (3.3K reputation)Supreme Being (3.3K reputation)Supreme Being (3.3K reputation)Supreme Being (3.3K reputation)Supreme Being (3.3K reputation)Supreme Being (3.3K reputation)Supreme Being (3.3K reputation)Supreme Being (3.3K reputation)Supreme Being (3.3K reputation)

Group: Forum Members
Posts: 169, Visits: 2K
arunH - 27 Jul 20 8:36 PM
tks i am not  a member of the union. Yes u are correct , it is gross misconduct if they find out. better to approach based on verdict. just a add on that i have signed a contract within the company but for a different country and expected to move end of august while my sentence is expected on 16th , still do u feel its better to disclose ?


You have not mentioned the country. If it is in the EU, strictly speaking we are in transition so you do not need a work visa. After transition, unless there are reciprocal arrangements to work without a visa and (this is not a political but pragmatic point) the Government are suggesting there won't be, then you will and who knows what will be required. You could take your chance that they won't bother requiring one for people already in post. IF it's not the EU, some countries strictly enforce no visa for criminal convictions, some only a subset will disbar you, and some don't ask at all.

Ultimately, unless you seek professional advice, you are taking suggestions from "a guy on the internet" which is not always a good idea. We had a saying on Compuserve in the early 90s which came from this cartoon...

https://upload.wikimedia.org/wikipedia/en/f/f8/Internet_dog.jpg
On the internet, nobody knows you are a dog.
Yankee
Yankee
Supreme Being
Supreme Being (32K reputation)Supreme Being (32K reputation)Supreme Being (32K reputation)Supreme Being (32K reputation)Supreme Being (32K reputation)Supreme Being (32K reputation)Supreme Being (32K reputation)Supreme Being (32K reputation)Supreme Being (32K reputation)

Group: Forum Members
Posts: 234, Visits: 990
Was - 28 Jul 20 8:26 AM
arunH - 27 Jul 20 8:36 PM
tks i am not  a member of the union. Yes u are correct , it is gross misconduct if they find out. better to approach based on verdict. just a add on that i have signed a contract within the company but for a different country and expected to move end of august while my sentence is expected on 16th , still do u feel its better to disclose ?


You have not mentioned the country. If it is in the EU, strictly speaking we are in transition so you do not need a work visa. After transition, unless there are reciprocal arrangements to work without a visa and (this is not a political but pragmatic point) the Government are suggesting there won't be, then you will and who knows what will be required. You could take your chance that they won't bother requiring one for people already in post. IF it's not the EU, some countries strictly enforce no visa for criminal convictions, some only a subset will disbar you, and some don't ask at all.

Ultimately, unless you seek professional advice, you are taking suggestions from "a guy on the internet" which is not always a good idea. We had a saying on Compuserve in the early 90s which came from this cartoon...

https://upload.wikimedia.org/wikipedia/en/f/f8/Internet_dog.jpg
On the internet, nobody knows you are a dog.

Compuserve ... now that's made me feel really old. Telephone adaptors in hotel rooms, dial up modems and running scripts to connect.  Bit easier with a smartphone today
Yankee
Yankee
Supreme Being
Supreme Being (32K reputation)Supreme Being (32K reputation)Supreme Being (32K reputation)Supreme Being (32K reputation)Supreme Being (32K reputation)Supreme Being (32K reputation)Supreme Being (32K reputation)Supreme Being (32K reputation)Supreme Being (32K reputation)

Group: Forum Members
Posts: 234, Visits: 990
Was - 28 Jul 20 8:26 AM
arunH - 27 Jul 20 8:36 PM
tks i am not  a member of the union. Yes u are correct , it is gross misconduct if they find out. better to approach based on verdict. just a add on that i have signed a contract within the company but for a different country and expected to move end of august while my sentence is expected on 16th , still do u feel its better to disclose ?


You have not mentioned the country. If it is in the EU, strictly speaking we are in transition so you do not need a work visa. After transition, unless there are reciprocal arrangements to work without a visa and (this is not a political but pragmatic point) the Government are suggesting there won't be, then you will and who knows what will be required. You could take your chance that they won't bother requiring one for people already in post. IF it's not the EU, some countries strictly enforce no visa for criminal convictions, some only a subset will disbar you, and some don't ask at all.

Ultimately, unless you seek professional advice, you are taking suggestions from "a guy on the internet" which is not always a good idea. We had a saying on Compuserve in the early 90s which came from this cartoon...

https://upload.wikimedia.org/wikipedia/en/f/f8/Internet_dog.jpg
On the internet, nobody knows you are a dog.

Compuserve ... now that's made me feel really old. Telephone adaptors in hotel rooms, dial up modems and running scripts to connect.  Bit easier with a smartphone today
Yankee
Yankee
Supreme Being
Supreme Being (32K reputation)Supreme Being (32K reputation)Supreme Being (32K reputation)Supreme Being (32K reputation)Supreme Being (32K reputation)Supreme Being (32K reputation)Supreme Being (32K reputation)Supreme Being (32K reputation)Supreme Being (32K reputation)

Group: Forum Members
Posts: 234, Visits: 990
arunH - 27 Jul 20 2:47 PM
I am pending sentence for a drink and drive offense currently , was low limit so likely 12 month ban and sentence. I never read my initial contract and once i was charged read and it says during my employement its my duty to disclose offences . I am now confused whethere i need to or not for this offence and also when ? should i wait for court hearing ? or wait after sentence to see if it reflects on my records ? i am in a maangerial position and driving is not essential to my job and it wasnt a company car . I believe honesty is the best policy ( i have clean criminal record and no black mark within the company) genuinely i dont know , if i dont disclose its likely they wont find out as i am moving fully out of UK to a different role in another country within same organization (or) is it best to declare and face th consequences , how likely are they to fire me for this type of offence?

Based on a few data points I have, larger companies will often be forgiving if the drink driving was not done while on company business or in company time. I also have knowledge of decisions being made on a case-by-case basis depending on your performance as an employee and support or otherwise from your senior managers.

While you don't have to declare anything until you have actually been convicted, if you know you are going to plead guilty I would be open and honest with your manager and HR department - reiterate it was a one off, how sorry you are etc. etc.  While you are right that they may not find out when you move country, what if you decide to move back to the UK later on, or the company decides to undertake some form of retrospective KYC / criminal records check (I don't know which line of business you are in). Or worse, there happens to be a local newspaper reporter in court and it's a quiet news day and a colleague sees the article..

The other consideration is timing - much easier to discuss and handle face to face with your colleagues while you are still in the UK that have to deal with it later on by phone/email etc.
JASB
JASB
Supreme Being
Supreme Being (23K reputation)Supreme Being (23K reputation)Supreme Being (23K reputation)Supreme Being (23K reputation)Supreme Being (23K reputation)Supreme Being (23K reputation)Supreme Being (23K reputation)Supreme Being (23K reputation)Supreme Being (23K reputation)

Group: Awaiting Activation
Posts: 613, Visits: 943
arunH - 27 Jul 20 2:47 PM
I am pending sentence for a drink and drive offense currently , was low limit so likely 12 month ban and sentence. I never read my initial contract and once i was charged read and it says during my employement its my duty to disclose offences . I am now confused whethere i need to or not for this offence and also when ? should i wait for court hearing ? or wait after sentence to see if it reflects on my records ? i am in a maangerial position and driving is not essential to my job and it wasnt a company car . I believe honesty is the best policy ( i have clean criminal record and no black mark within the company) genuinely i dont know , if i dont disclose its likely they wont find out as i am moving fully out of UK to a different role in another country within same organization (or) is it best to declare and face th consequences , how likely are they to fire me for this type of offence?

Hi

As other have said if you have not pleaded or been convicted then you are innocent therefore it is more of a moral / duty of care towards your employer if you give them the heads up.
If you have:
  •  a good employment history, which with being moved I suspect is a promotion so should be good,
  • not that there is such a thing BUT a reason why the offence happened e.g. mitigation.
I would consider talking  to your direct boss or HR and hopefully your record would show it is a one off.

The above is all subject to the role you do and if a driving offence would limit your ability to function.

Good luck


Learn from yesterday, live for today, hope is for tomorrow else what is left if you remove a mans hope.
arunH
arunH
Supreme Being
Supreme Being (482 reputation)Supreme Being (482 reputation)Supreme Being (482 reputation)Supreme Being (482 reputation)Supreme Being (482 reputation)Supreme Being (482 reputation)Supreme Being (482 reputation)Supreme Being (482 reputation)Supreme Being (482 reputation)

Group: Forum Members
Posts: 10, Visits: 28
Full agree planning to disclose once hearing is done I believe that is the best way
I have a impeccable record in the company and hopefully it will help rest is left to
Hope and god , u have to reap what u sow u can run but can hide forever . Let’s see
Dean91
Dean91
Supreme Being
Supreme Being (1.5K reputation)Supreme Being (1.5K reputation)Supreme Being (1.5K reputation)Supreme Being (1.5K reputation)Supreme Being (1.5K reputation)Supreme Being (1.5K reputation)Supreme Being (1.5K reputation)Supreme Being (1.5K reputation)Supreme Being (1.5K reputation)

Group: Forum Members
Posts: 34, Visits: 534
Hi

I would speak with your manager/HR once you've done the Magistratetes court as at this point you have been convicted. 

As its in your contract that you have to declare, then I would. 

On the following basis:

If a reporter is in court, and they decide to public your story then;

- It can be seen as a breach of contract. 

- This would then lead to a disciplinary, and they could say "no confidence or trust" / "Breach of contract for criminal offences" both of which are likely to be gross misconduct, and can have a sanction from the employer up to and including dismissal. 

I would say, have that open conversation. Explain to your manager what happened, and the steps you have taken to ensure you haven't re-offended for example: If you have an alcohol addiction(not saying you do) that you are attending an Alcohol Treatment Community Programme. 

Engage with them, listen to what they have to say about it. Be open. Use open body language. 

If they want to refer this to someone more senior or HR then allow this to happen. 

More importantly, if you are a member of a union speak with them. If you are no t use this https://findyourunion.tuc.org.uk/ to find if your workplace has one. 

They have a duty to keep this information confidential as well. 






GO


Similar Topics


As a small but national charity, we rely on charitable grants and individual donations to continue running theForum. We do not deliver government services. By being independent, we are able to respond to the needs of the people with convictions. Help us keep theForum going.

Donate Online

Login
Existing Account
Email Address:


Password:


Select a Forum....
























































































































































































theForum


Search