Signed job offer declined after criminal conviction declaration

[Noggin85]

Hi,

I have recently applied for and been offered a job in a sales company. I signed the contract and sent it off to HR and accepted the offer. Throughout the whole interview process, I was never asked about any spent or unspent convictions and was never asked to declare it. The only break in my employment that I was questioned about was a time last year when I went travelling after university. The conviction is for common assault and would not affect my working in any way. It was a terrible mistake on my part of which I have paid the price.

However, as part of my training, it is compulsory for me to travel abroad for 5 days. This goes against the terms of my licence and I have had to request permission from my probation worker and so I've had to declare the conviction to my new employer. They have replied via email informing me they have now withdrawn the offer as I lied to them during the interview process. This is untrue as I was never asked about my criminal history and have been honest and truthful with them throughout.

I have emailed back requesting that I speak to them face to face regarding the issue and help to clear up any confusion on the matter.

Is the company able to withdraw the job offer I have signed and accepted when they have never asked me these questions in the first place?

Any advice is greatly welcomed

[efpom]

Yes it can.

[Noggin85]

Could you elaborate please.

If the company didn’t ask for me to disclose the information I have no legal right to do so and it is clearly not in their interests to be made aware. I have therefore been honest in my disclosure and been punished for doing so.

[efpom]

The duty of mutual trust and confidence is implied into all employment contracts, as a matter of law. That was breached by you after offer and acceptance of the contract, but before performance of the contract began. In law, you repudiated the contract, and the employer has accepted that repudiation. The contract is therefore at an end.

On the matter of punishment, you are, indeed, continuing to be punished, not least, because you are still serving a sentence for your conviction. So, whilst you may have been permitted to travel abroad by your probation officer, any receiving country would be quite entitled to refuse you entry at it's border, or deport you at any further point.

On that, I wish you good luck, and now bow out.