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Help with disclosure ?


Help with disclosure ?

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Mark15788
Mark15788
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Dan…I think you may have read Unlock wrong, the link says this -

“ You only have to disclose your record to an employer if they ask you. Many employers ask at some point and if your convictions are unspent, you legally need to disclose them.”

Which means, you only have to disclose if asked. The legally required bit is if you are asked and there still unspent.

Just to clarify some other bits -

1. There isn’t even a basic DBS requirement.
2. It’s full remote, no access to anyone as I’m on my own at home.
3. The point I was making is, nothing interferes with my SHPO, and the police have no legal powers, however, that doesn’t prevent them in overstepping the mark, that could cost me my job if say I start and don’t say anything and six months down the line they did a home visit and asked about employment and disagreed. How could I then stop them? That’s why I said isn’t it more logical just to run it passed then first.
4. This leads into communication. I’m managed by a neighbourhood PC which is how my area does it due to my risk, however as you know they work shifts, so it’s hard to get In touch and when you have no other communication methods bar a mobile number and no access to another officer, how they hell do they expect you to get any basic question answered?
Was
Was
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[quote]
Richie - 24 Jun 22 3:56 PM
Your PPO is wrong here you don't need to disclose anything unless you are asked to disclose.

I'm not disagreeing, I know what she was saying was wrong, but the PPU interfere in many things where they do not have lawful authority to do so. Unfortunately they also get away with the "concerned citizen" defence when exceeding their powers.

JASB
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Mark15788 - 24 Jun 22 1:13 PM
Well I stand by what I say. If I am not asked the question why should I have to voluntarily disclose? I surly am allowed to move on. It’s like saying, your conviction is spent but I best disclose anyway. Or have I misunderstood what you were saying? This is the aspect of police supervision I hate. There’s no clear methods of communication and no way to seem to get through to anyone to see what they say in respect of will they be forced to disclose.

Hi
I understand your feelings BUT whatever they are you have to ensure you are safe and protected; which only you can ensure that.

Focus on the actual decision you need to make by not over thinking the "what if / just in case" thoughts; which i know I and us all will do at times.

Do not let the failings of others influence your life.

Good luck 

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.

Richie
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Was - 24 Jun 22 3:11 PM
xDanx - 24 Jun 22 2:55 PM
I just did a search online to find the answers, something must have changed in the last year or two because now even the unlock website are saying any "unspent" conviction MUST be disclosed whether the question on convictions is asked or not.

https://unlock.org.uk/guide/disclosing-to-employers/

I recall many sites including some solicitors I have spoken too in the past told me that unless asked, I do not have to disclose convictions regardless if they are spent or unspent. This has angered me massively.

Legally you don't have to reveal unless asked. But my PPO said that I should have revealed it up front when I applied for a job at a Tesco warehouse I was turned down for after I truthfully answered the question at the end of an interview. They do make up the rules as they go along.

Your PPO is wrong here you don't need to disclose anything unless you are asked to disclose.

You do have to be careful though if you have any restrictions on your SHPO. There was a story online about a man who was found to be in breach of his SHPO for applying for a job in a shop as it would put him in direct contact with children. Not sure if this was because he was working with under 18's or if the customers could be children.

My PPO hates the job I do and keeps threatening to stop me from doing it. They know they have no powers as I work in my family business with no access to the public and my family are well aware of my convictions and are happy to support me moving on. Sometimes it is all about power with the police.
AB2014
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Was - 24 Jun 22 3:11 PM
xDanx - 24 Jun 22 2:55 PM
I just did a search online to find the answers, something must have changed in the last year or two because now even the unlock website are saying any "unspent" conviction MUST be disclosed whether the question on convictions is asked or not.

https://unlock.org.uk/guide/disclosing-to-employers/

I recall many sites including some solicitors I have spoken too in the past told me that unless asked, I do not have to disclose convictions regardless if they are spent or unspent. This has angered me massively.

Legally you don't have to reveal unless asked. But my PPO said that I should have revealed it up front when I applied for a job at a Tesco warehouse I was turned down for after I truthfully answered the question at the end of an interview. They do make up the rules as they go along.

While the police are (or ought to be) trained in their own job, it often seems like they don't understand the rest. I'm guessing that many just assume that you always have to disclose any unspent convictions, or that you will always be asked. That's not how it is. There is no legal requirement to disclose voluntarily for a job that has a basic DBS check, but if you are asked, you should disclose. I'm sure regulars know this, but new arrivals might not, so I'll keep saying it.

=========================================================================================================

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)

Was
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xDanx - 24 Jun 22 2:55 PM
I just did a search online to find the answers, something must have changed in the last year or two because now even the unlock website are saying any "unspent" conviction MUST be disclosed whether the question on convictions is asked or not.

https://unlock.org.uk/guide/disclosing-to-employers/

I recall many sites including some solicitors I have spoken too in the past told me that unless asked, I do not have to disclose convictions regardless if they are spent or unspent. This has angered me massively.

Legally you don't have to reveal unless asked. But my PPO said that I should have revealed it up front when I applied for a job at a Tesco warehouse I was turned down for after I truthfully answered the question at the end of an interview. They do make up the rules as they go along.

xDanx
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I just did a search online to find the answers, something must have changed in the last year or two because now even the unlock website are saying any "unspent" conviction MUST be disclosed whether the question on convictions is asked or not.

https://unlock.org.uk/guide/disclosing-to-employers/

I recall many sites including some solicitors I have spoken too in the past told me that unless asked, I do not have to disclose convictions regardless if they are spent or unspent. This has angered me massively.

Mark15788
Mark15788
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Well I stand by what I say. If I am not asked the question why should I have to voluntarily disclose? I surly am allowed to move on.

It’s like saying, your conviction is spent but I best disclose anyway.

Or have I misunderstood what you were saying?

This is the aspect of police supervision I hate. There’s no clear methods of communication and no way to seem to get through to anyone to see what they say in respect of will they be forced to disclose.
JASB
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Mark15788 - 23 Jun 22 7:48 PM
So as some might have read, I started the vetting process off for a civil service job I was offered. However I interviewed for another job, it’s part time, work from home, admin with a small organisation, they don’t DBS check and as far as I can tell they won’t ask me about unspent convictions. So far - 1. They interviewed me. 2. Offered me the role. 3. Taken up references and they have come back. 4. Asked for my right to work which I’ve provided 5. Asked for my P456. Confirmed my 3 days I’ll work 7. Going to send contract to my home address and email. I think I’ve literally been offered it properly by sounds of it and nothing asked. So unless some form comes with the contract, I’m not obliged to tell them, correct? As a reminder I am subject to notification requirements and on a SHPO which has 10 months left. What’s the situation with the police? I’m managed via the neighbourhood team and therefore the PC is hard to get hold of. I have rang and text and no reply. Should I still inform them and ask if they intend to disclose? As I’d rather know before I start and then they choose to do so. What do I do if the PC doesn’t reply soon? As they had a intended start date for me as 1st July. Have I the right to ask to speak to MOSOVO and get someone to confirm if they will disclose or not?

In all my 2000 + applications I worked on the fact "they do not ask a question that would require me to disclose I do not. However, you have to understand the question in its deepest meaning for a couple of reasons:
  • If you get the role and your "Police Officer / Supervisor" decides to call them, the employer will/may defend themselves and maybe change the format / reasoning of the question to you. Where does that leave you with your supervisor/employer?
  • If you are honest then the judgement call to decide the question has justification to disclose then do so. It could be seen as evidence of your "admittance of your error and a positive of your rehabilitation.
The offers I received and subsequently disclosed did end the offer, however mainly on the grounds of HR policy not the interviewer.

Good luck with your decision whichever it is.

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.

Mark15788
Mark15788
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There is deffo no impact on SHPO. The job is in no contact with anyone, just my colleagues, it’s admin, updating databases, Replying to emails, etc.

I think I just thought it’s better to preempt than start the job and weeks later they say oh we need to disclose.
GO


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