Spent Convictions

[Job_Hunter!]

Morning All,

Firstly thanks in advance for anyone who can offer an help on exactly what situation I find myself in legally!

I have a spent conviction (affray) from 15 years ago.

I have been offered and accepted a new job and handed in my notice at my current place.

If the new job has an onboarding process that includes a DBS check that shows spent convictions, can I lose the new role?

For clarity- there was nothing mentioned in the formal offer letter around the job offer being conditional or unconditional, and nothing has actually been mentioned, just with this silly thing hanging over me I am a bit worried.

Thanks

[echat11]

Hi JobHunter

ULA Can you please take a look and advise, many thanks.

[ULA]

You only need to tell a potential employer about a spent conviction if all of the following apply:

1. They ask you to
2. They tell you that the role needs a standard or enhanced DBS check
3. It is not filtered from the DBS checks

Do you know what level DBS check your new employer is requesting? If it is a basic check it will not show up, it will only be detailed if they require a standard or enhanced DBS and even then they can only do this for certain roles. It is against the law to be refused a role because you have a spent conviction, unless that employer believes it will make you unsuitalbe for the role.

Hope this helps but if you have more questions please come back to this thread.

[Job_Hunter!]

Hey ULA thanks so much for your reply.

No mention of any check has been made so far, I am just keen to understand where I stand if it emerges on day 1 when I arrive at work! (or within some onboarding process in the days before)

Thanks Again.

[ULA]

If it becomes clear that they are going to do a DBS check and you establish that this will be standard or enhanced (again dependent on the role being applicable for these checks) then you may be well advised to let them know that a spent conviction will appear on the check and what it was for. At least that way you are being honest with them, even if they have not asked about convictions in the application and interview process.

It will be down then to the employer to consider whether a spent conviction for affray makes you an unsuitable employee for the role they have employed you for.

If the contract or offer you have been given does not state anything about the offer being conditional on the employer receiving satisfactory references, which can also cover DBS checks as they are part of the reference process, then the employer, given the criteria stated above may decide not to continue with your employment but the offer having been given and accepted, they will need to give you any contractual notice they have stated.

However I suggest that at the moment, considering you do not know if they are going to undertake DBS checks, you try and not worry about what may not happen - appreciate that may be hard but do try.