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Companies withdrawing job offers because of criminal record, what can I do?

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  • Companies withdrawing job offers because of criminal record, what can I do?

    Hi, everybody,

    I got two job offers, one from Hitachi and the other from EY. Both companies asked me for a Basic Disclosure, My criminal record expires in about 5 weeks longest, but it is possible it got expired already.
    I told both employers that I have a criminal record and they both withdrew the offer – Hitachi told me that it would be difficult to put me on clients’ projects because of my criminal record (difficulties to pass the security checks and travelling abroad) and EY told me that because I was in prison, I have employment gaps in my CV which I did not disclose. By the way, both companies claim not to discriminate ex-offenders. And none of the companies carried out much of a further assessment of my situation : I was not invited for additional meeting to discuss my situation, I was not asked to provide circumstances of the offence and other details, only when I got imprisoned and for how long (I do not remember this information because then I was so depressed, always tried to forget that experience, my case was very complicated and I qualified for many amnesties and early release).
    To my knowledge, there will be no problems for me travelling abroad because I got caught in a law that is applicable only to the UK, I don’t know any other country that has such an interpretation of the law. There will be no problem with the clients checking my background because I will start with the company only after my criminal record expires and the leading companies in the industry where I am working do not discriminate against ex-offenders. And I worked while I was imprisoned. The only problem is that prisons never confirm or reject this statement, it is only validated via my MP who previously helped me to resolve one case with non-employment discrimination. Finally, I worked with a few charities after I was released, so again it shows my good character.
    What can I do in my situation? To my knowledge, both companies have a written policy on recruitment of ex-offenders, but they did not follow it.
    Thank you.
    Tags: None

  • #2
    Re: Companies withdrawing job offers because of criminal record, what can I do?

    Sorry to hear this but without knowing the crime you were convicted of its a bit difficult to comment .does a Criminal record expire?

    Comment


    • #3
      Re: Companies withdrawing job offers because of criminal record, what can I do?

      Thank you for reply.
      The problem is that, I believe I am the only person who was charged and convicted under one law and my wife organised a campaign to help me out, so it was covered by press and it will be very easy to identify me. I was harassed before, therefore now I am much more cautious to disclose anything about myself.
      It is possible that my criminal record already became "spent" because of recent ROA change, but most likely my criminal record will become "spent" in about 1 month.
      I understand that it is not enough information, but I wonder if I could get some direction where and how to search for advice. At least when I was imprisoned, my wife asked for an advice on several legal forumsand Citizen Advice Bureau, all replies were that my case was a definite loss until one lawyer replied that he won similar case before, they confidently discussed my case, he took it on and won. He does not deal with employment matters, so I cannot use him.

      Comment


      • #4
        Re: Companies withdrawing job offers because of criminal record, what can I do?

        A great deal will depend on the nature of the offence for which you were imprisoned.

        Comment


        • #5
          Re: Companies withdrawing job offers because of criminal record, what can I do?

          Totally agree.
          It was not fraud, violence, drugs, animal cruelty, falsification of documents, financial crime, hate, immigration or against a person (no person or people involved).

          Comment


          • #6
            Re: Companies withdrawing job offers because of criminal record, what can I do?

            Problem for some potential Employers is you were convicted and served a Sentence in prison I don't know if the CRB check lists the Crime .

            You have done your time problem is now this may hang round your neck for a while

            Comment


            • #7
              Re: Companies withdrawing job offers because of criminal record, what can I do?

              Did the application forms for these positions include a question about previous convictions? If so, how was it worded and did you answer truthfully at that stage?

              If it really is only 5 weeks until your convictions are "Spent" under the ROA, It may be prudent to simply chalk these withdrawn offers up to experience, and perhaps hold off submitting further applications until you can truthfully answer a question about unspent convictions without having to disclose (although not forgetting that certain positions may still require you to disclose your history).

              Don't forget that the period of rehabilitation depends on the length of the custodial sentence.

              If you'd like to share some further detail so that I am in a better position to advise, I'm happy for you to contact me by PM with sensitive personal information - however if possible it's usually best to keep things in the open so that they can help other people searching for advice in the future.
              I am a Paralegal Consultant.

              This means I am not a Solicitor/Barrister/Advocate. I work in Legal Services, however I cannot offer services which are defined as "Reserved Legal Activities" under the Legal Services Act 2007.

              Anything posted here should be taken as opinion or general information, not legal advice. It is not possible for me to offer legal advice based on the limited details which can be posted on an open forum. Where possible, I will offer guidance and relevant information, but neither myself nor my practice can be held liable for events resulting from actions taken based on information or opinion shared here.

              Comment


              • #8
                Re: Companies withdrawing job offers because of criminal record, what can I do?



                Just FYI - may help you with the actual timings under the ROA, if you aren't already aware.
                I am a Paralegal Consultant.

                This means I am not a Solicitor/Barrister/Advocate. I work in Legal Services, however I cannot offer services which are defined as "Reserved Legal Activities" under the Legal Services Act 2007.

                Anything posted here should be taken as opinion or general information, not legal advice. It is not possible for me to offer legal advice based on the limited details which can be posted on an open forum. Where possible, I will offer guidance and relevant information, but neither myself nor my practice can be held liable for events resulting from actions taken based on information or opinion shared here.

                Comment


                • #9
                  Re: Companies withdrawing job offers because of criminal record, what can I do?

                  :badidea: (That's Kamalkhan, not my own post which is chopped pork...obviously :tinysmile_twink_t2: )
                  I am a Paralegal Consultant.

                  This means I am not a Solicitor/Barrister/Advocate. I work in Legal Services, however I cannot offer services which are defined as "Reserved Legal Activities" under the Legal Services Act 2007.

                  Anything posted here should be taken as opinion or general information, not legal advice. It is not possible for me to offer legal advice based on the limited details which can be posted on an open forum. Where possible, I will offer guidance and relevant information, but neither myself nor my practice can be held liable for events resulting from actions taken based on information or opinion shared here.

                  Comment


                  • #10
                    Re: Companies withdrawing job offers because of criminal record, what can I do?

                    Originally posted by Omega View Post
                    I got two job offers, one from Hitachi and the other from EY. Both companies asked me for a Basic Disclosure, My criminal record expires in about 5 weeks longest, but it is possible it got expired already.
                    I told both employers that I have a criminal record and they both withdrew the offer – Hitachi told me that it would be difficult to put me on clients’ projects because of my criminal record (difficulties to pass the security checks and travelling abroad) and EY told me that because I was in prison, I have employment gaps in my CV which I did not disclose.
                    Travelling abroad? I know someone with a very recent criminal conviction who has been abroad at least three times since convicted, the first one when he was still on a suspended sentence.

                    Having said that, I also know someone who had a job offer withdrawn, because a credit check revealed ONE default on his credit file. :mad2: :mad2: :mad2:

                    Originally posted by Omega View Post
                    What can I do in my situation? To my knowledge, both companies have a written policy on recruitment of ex-offenders, but they did not follow it.
                    Thank you.
                    When you see my paragraph above, you'll see what employers are like. Big companies often have policies like that. There are ways around it, for example, you could offer your services as a limited company so technically they wouldn't be employing YOU, but using the services of the company. Of course if your convictions are going to be spent in the next few months, then you should be fine by then.

                    Comment

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