|
dedalus
|
|
Group: Forum Members
Posts: 63,
Visits: 1.4K
|
Having received a criminal conviction I am now thinking if it is worth telling my employer. I have a gut feeling I will be sacked so I may as well take the chance and not tell them even if I am sacked further down the line. But my worry is if they found out later could I be sent to court for failing to disclose?
the conviction I have received is for a minor fraud offence.
It would be interesting to know what other people's experiences where with their existing employers
Thanks
|
|
|
|
|
AB2014
|
|
Group: Forum Members
Posts: 1.1K,
Visits: 7.4K
|
+xHaving received a criminal conviction I am now thinking if it is worth telling my employer. I have a gut feeling I will be sacked so I may as well take the chance and not tell them even if I am sacked further down the line. But my worry is if they found out later could I be sent to court for failing to disclose? the conviction I have received is for a minor fraud offence. It would be interesting to know what other people's experiences where with their existing employers Thanks If you tell them, then there is a chance that they will sack you even if it's not relevant to your job. Unlock have found that well over half of employers will discriminate against someone with a criminal record. Many employers refuse to hire someone with a criminal record. I very much doubt an employer would take you to court for failing to comply with an internal policy ovver an entirely internal matter. There's no crime involved in not disclosing, and I can't see that they can claim any losses if they do find out somehow. The choice is yours, though.
=========================================================================================================
If you are to punish a man retributively you must injure him. If you are to reform him you must improve him. And men are not improved by injuries. (George Bernard Shaw)
|
|
|
|
|
khafka
|
|
Group: Forum Members
Posts: 330,
Visits: 18K
|
Your best bet is really to speak to your solicitor to make sure but in general, I feel the answer is: "It depends".
Under your sentencing you should've been made aware of any stipulations in regards to disclosures etc. In regards to the 'it depends' remark would be that it depends on what you currently do as a job and what your contract/employee handbook says. If you work for say a bank or insurance company I feel they will almost certainly want to be made aware of any kind of conviction relating to fraud/money. Failure to do so would almost certainly be considered gross misconduct and you'd likely find yourself on the receiving end of P45.
Even though a lot of companies will state any criminal conviction would be seen as gross misconduct they do also have a bit of discretion as to what they want to do. For example, in my previous employment which was in a private office, a member of staff was convicted three times over a 2 year period for assault and kept his job. I was convicted of a sexual offence once and was sacked within 24hrs of my name hitting the paper.
Honestly, I'd try and get on top of it if I was you: I'd speak to my boss in a one-on-one and let them know the situation, what your sentence was, any restrictions etc. Most companies would certainly offer up a mutual termination so it wouldn't effectively mean you're sacked (so looks better on your CV for future employment) however the honesty could potentially mean they keep you on, perhaps maybe just discipline you or something as opposed to them finding out a month later or whatever and then get upset at you for it.
It really boils down to how long you've been with the company as anything less than 2 years they can basically sack you for any reason, and the other situation is how close/comfortable you are at the company with your boss. Would they be understanding?
|
|
|
|
|
dedalus
|
|
Group: Forum Members
Posts: 63,
Visits: 1.4K
|
I work for a semi public sector organisation so I am not too hopeful.
I have worked many years for this employer.
My charge relates to the fraudulent used of a blue badge.
My main worry is that not disclosing something to them could mean I get prosecuted again for fraud for not disclosing.
I was under the impression that the fraud act did cover non disclosure as to make a a gain (the gain here would be not being sacked...).
In relation to speaking to my immediate manager, I would actually prefer to approach HR directly if I were to tell my employer..
My employer's handbook has a clause stating we should inform them of convictions and they will then ascertain suitability for the role.
|
|
|
|
|
AB2014
|
|
Group: Forum Members
Posts: 1.1K,
Visits: 7.4K
|
+xYour best bet is really to speak to your solicitor to make sure but in general, I feel the answer is: "It depends".
Under your sentencing you should've been made aware of any stipulations in regards to disclosures etc. In regards to the 'it depends' remark would be that it depends on what you currently do as a job and what your contract/employee handbook says. If you work for say a bank or insurance company I feel they will almost certainly want to be made aware of any kind of conviction relating to fraud/money. Failure to do so would almost certainly be considered gross misconduct and you'd likely find yourself on the receiving end of P45. Even though a lot of companies will state any criminal conviction would be seen as gross misconduct they do also have a bit of discretion as to what they want to do. For example, in my previous employment which was in a private office, a member of staff was convicted three times over a 2 year period for assault and kept his job. I was convicted of a sexual offence once and was sacked within 24hrs of my name hitting the paper. Honestly, I'd try and get on top of it if I was you: I'd speak to my boss in a one-on-one and let them know the situation, what your sentence was, any restrictions etc. Most companies would certainly offer up a mutual termination so it wouldn't effectively mean you're sacked (so looks better on your CV for future employment) however the honesty could potentially mean they keep you on, perhaps maybe just discipline you or something as opposed to them finding out a month later or whatever and then get upset at you for it. It really boils down to how long you've been with the company as anything less than 2 years they can basically sack you for any reason, and the other situation is how close/comfortable you are at the company with your boss. Would they be understanding? There are no stipulations about disclosure in court. They tell you nothing. The trouble with relying on people's better nature is that they don't always have one, and they don't want to tell their boss later that they were told and decided not to pass it on.... It really is up to the individual's choice after assessing the odds. I wish it wasn't like that, but it often is.
=========================================================================================================
If you are to punish a man retributively you must injure him. If you are to reform him you must improve him. And men are not improved by injuries. (George Bernard Shaw)
|
|
|
|
|
khafka
|
|
Group: Forum Members
Posts: 330,
Visits: 18K
|
+x+xYour best bet is really to speak to your solicitor to make sure but in general, I feel the answer is: "It depends".
Under your sentencing you should've been made aware of any stipulations in regards to disclosures etc. In regards to the 'it depends' remark would be that it depends on what you currently do as a job and what your contract/employee handbook says. If you work for say a bank or insurance company I feel they will almost certainly want to be made aware of any kind of conviction relating to fraud/money. Failure to do so would almost certainly be considered gross misconduct and you'd likely find yourself on the receiving end of P45. Even though a lot of companies will state any criminal conviction would be seen as gross misconduct they do also have a bit of discretion as to what they want to do. For example, in my previous employment which was in a private office, a member of staff was convicted three times over a 2 year period for assault and kept his job. I was convicted of a sexual offence once and was sacked within 24hrs of my name hitting the paper. Honestly, I'd try and get on top of it if I was you: I'd speak to my boss in a one-on-one and let them know the situation, what your sentence was, any restrictions etc. Most companies would certainly offer up a mutual termination so it wouldn't effectively mean you're sacked (so looks better on your CV for future employment) however the honesty could potentially mean they keep you on, perhaps maybe just discipline you or something as opposed to them finding out a month later or whatever and then get upset at you for it. It really boils down to how long you've been with the company as anything less than 2 years they can basically sack you for any reason, and the other situation is how close/comfortable you are at the company with your boss. Would they be understanding? There are no stipulations about disclosure in court. They tell you nothing. The trouble with relying on people's better nature is that they don't always have one, and they don't want to tell their boss later that they were told and decided not to pass it on.... It really is up to the individual's choice after assessing the odds. I wish it wasn't like that, but it often is. For what it's worth I was advised after my sentencing that I'd need to disclose my offence if it is relevant to the role/company and I'd be committing a further offence if I didn't do this - This was advised by my solicitor and my OMU. I am based in Scotland which does have a slightly different legal system than in England so that might be why? I don't know. I'm just doing what I've been told to do to avoid any hassle and issues and it's worked out well so far. Exactly. OP will know their company/staff/managers etc. a lot better than we would so they needs to make the choice themself. If they don't have to disclose anything as per company procedure or whatever then if it was me I'd ride it out as long as I could especially with my difficult experience now of trying to gain employment with a conviction.
|
|
|
|
|
dedalus
|
|
Group: Forum Members
Posts: 63,
Visits: 1.4K
|
+x+x+xYour best bet is really to speak to your solicitor to make sure but in general, I feel the answer is: "It depends".
Under your sentencing you should've been made aware of any stipulations in regards to disclosures etc. In regards to the 'it depends' remark would be that it depends on what you currently do as a job and what your contract/employee handbook says. If you work for say a bank or insurance company I feel they will almost certainly want to be made aware of any kind of conviction relating to fraud/money. Failure to do so would almost certainly be considered gross misconduct and you'd likely find yourself on the receiving end of P45. Even though a lot of companies will state any criminal conviction would be seen as gross misconduct they do also have a bit of discretion as to what they want to do. For example, in my previous employment which was in a private office, a member of staff was convicted three times over a 2 year period for assault and kept his job. I was convicted of a sexual offence once and was sacked within 24hrs of my name hitting the paper. Honestly, I'd try and get on top of it if I was you: I'd speak to my boss in a one-on-one and let them know the situation, what your sentence was, any restrictions etc. Most companies would certainly offer up a mutual termination so it wouldn't effectively mean you're sacked (so looks better on your CV for future employment) however the honesty could potentially mean they keep you on, perhaps maybe just discipline you or something as opposed to them finding out a month later or whatever and then get upset at you for it. It really boils down to how long you've been with the company as anything less than 2 years they can basically sack you for any reason, and the other situation is how close/comfortable you are at the company with your boss. Would they be understanding? There are no stipulations about disclosure in court. They tell you nothing. The trouble with relying on people's better nature is that they don't always have one, and they don't want to tell their boss later that they were told and decided not to pass it on.... It really is up to the individual's choice after assessing the odds. I wish it wasn't like that, but it often is. For what it's worth I was advised after my sentencing that I'd need to disclose my offence if it is relevant to the role/company and I'd be committing a further offence if I didn't do this - This was advised by my solicitor and my OMU. I am based in Scotland which does have a slightly different legal system than in England so that might be why? I don't know. I'm just doing what I've been told to do to avoid any hassle and issues and it's worked out well so far. Exactly. OP will know their company/staff/managers etc. a lot better than we would so they needs to make the choice themself. If they don't have to disclose anything as per company procedure or whatever then if it was me I'd ride it out as long as I could especially with my difficult experience now of trying to gain employment with a conviction. It would be covered under section 3 of the fraud act 2006. Whether an employer would involve the cps is another matter. I would have some defence as this employer does not even carry out basic crb checks upon hiring new employees. I' ll have to seriously think what to do, I don't care about being sacked months down the line but I would care if I got brought to court again for a fraud offence.
|
|
|
|
|
JASB
|
|
Group: Awaiting Activation
Posts: 1.1K,
Visits: 1.7K
|
+xI work for a semi public sector organisation so I am not too hopeful. I have worked many years for this employer. My charge relates to the fraudulent used of a blue badge. My main worry is that not disclosing something to them could mean I get prosecuted again for fraud for not disclosing. I was under the impression that the fraud act did cover non disclosure as to make a a gain (the gain here would be not being sacked...). In relation to speaking to my immediate manager, I would actually prefer to approach HR directly if I were to tell my employer.. My employer's handbook has a clause stating we should inform them of convictions and they will then ascertain suitability for the role. Hi My employer's handbook has a clause stating we should inform them of convictions and they will then ascertain suitability for the role.
That one line is crucial to your question and the right path to take. Remember if you don't tell them, then they find out, they will have a distrust of anything you say. Chances are they will dismiss you for not adhering to their rules. This may be made vocally to any future employer that contacts them for a character ref. The other option is to face the challenge and tell them. Ensure you are open and explain the reasons behind you committing the offence, NOT THE EXCUSSES! At least this way they will see you are being upfront and honest, but also you have taken responsibility for the offence and gained an understanding of the reasons it happened. Remember they need to consider your suitability for the role. You never know they move you to a less sensitive role or give a reference that states you have accepted and learned from your mistake but it is the type of employment that will not allow you to continue. Be brave as today is short and you have many tomorrows.
Society suggests I must let go of all my expectations but I disagree, as whilst I have a voice, I have hope.
Learn from yesterday, live for today, hope is for tomorrow else what is left if you remove a mans hope.
------------------------------
This forum supports these words, thank you Unlock and your contributors.
|
|
|
|
|
dedalus
|
|
Group: Forum Members
Posts: 63,
Visits: 1.4K
|
+x+xI work for a semi public sector organisation so I am not too hopeful. I have worked many years for this employer. My charge relates to the fraudulent used of a blue badge. My main worry is that not disclosing something to them could mean I get prosecuted again for fraud for not disclosing. I was under the impression that the fraud act did cover non disclosure as to make a a gain (the gain here would be not being sacked...). In relation to speaking to my immediate manager, I would actually prefer to approach HR directly if I were to tell my employer.. My employer's handbook has a clause stating we should inform them of convictions and they will then ascertain suitability for the role. Hi My employer's handbook has a clause stating we should inform them of convictions and they will then ascertain suitability for the role.
That one line is crucial to your question and the right path to take. Remember if you don't tell them, then they find out, they will have a distrust of anything you say. Chances are they will dismiss you for not adhering to their rules. This may be made vocally to any future employer that contacts them for a character ref. The other option is to face the challenge and tell them. Ensure you are open and explain the reasons behind you committing the offence, NOT THE EXCUSSES! At least this way they will see you are being upfront and honest, but also you have taken responsibility for the offence and gained an understanding of the reasons it happened. Remember they need to consider your suitability for the role. You never know they move you to a less sensitive role or give a reference that states you have accepted and learned from your mistake but it is the type of employment that will not allow you to continue. Be brave as today is short and you have many tomorrows. I have a feeling I would be dismissed anyway if I told them. If the case does not make the press they would not find out. The key is understanding if the case will be in the press.
|
|
|
|
|
JASB
|
|
Group: Awaiting Activation
Posts: 1.1K,
Visits: 1.7K
|
+x+x+xI work for a semi public sector organisation so I am not too hopeful. I have worked many years for this employer. My charge relates to the fraudulent used of a blue badge. My main worry is that not disclosing something to them could mean I get prosecuted again for fraud for not disclosing. I was under the impression that the fraud act did cover non disclosure as to make a a gain (the gain here would be not being sacked...). In relation to speaking to my immediate manager, I would actually prefer to approach HR directly if I were to tell my employer.. My employer's handbook has a clause stating we should inform them of convictions and they will then ascertain suitability for the role. Hi My employer's handbook has a clause stating we should inform them of convictions and they will then ascertain suitability for the role.
That one line is crucial to your question and the right path to take. Remember if you don't tell them, then they find out, they will have a distrust of anything you say. Chances are they will dismiss you for not adhering to their rules. This may be made vocally to any future employer that contacts them for a character ref. The other option is to face the challenge and tell them. Ensure you are open and explain the reasons behind you committing the offence, NOT THE EXCUSSES! At least this way they will see you are being upfront and honest, but also you have taken responsibility for the offence and gained an understanding of the reasons it happened. Remember they need to consider your suitability for the role. You never know they move you to a less sensitive role or give a reference that states you have accepted and learned from your mistake but it is the type of employment that will not allow you to continue. Be brave as today is short and you have many tomorrows. I have a feeling I would be dismissed anyway if I told them. If the case does not make the press they would not find out. The key is understanding if the case will be in the press. Hi Please consider that "if" you are given a punishment it may involve some form of "justice System" monitoring i.e. Probation and still not make the press. In your initial interview with them they will ask about your "employment" and its duties. You may find that they will push you to inform them or they will. With the greatest of respect, this decision is probably one that may demonstrate to "society", if you have changed your "way of life". I'm sure you understand my meaning. I wished I had remembered a piece of advice given to me when I was younger before my offence: Usually the hardest choice to make when making a decision is generally the best one for yourself
Society suggests I must let go of all my expectations but I disagree, as whilst I have a voice, I have hope.
Learn from yesterday, live for today, hope is for tomorrow else what is left if you remove a mans hope.
------------------------------
This forum supports these words, thank you Unlock and your contributors.
|
|
|
|