Withdrawal of Employment offer - Advice needed

[ljrees1983]

I am currently a temporary role that I have been in since Feb 2014. I have been offered a permanent contract in the same role, and was due to go perm on 1st August.When I accepted the offer and completed all of the necessary paperwork I was asked if I agreed to a CRB check which I did, and I disclosed a driving offence I was convicted of in 2011, where I had a ban and a fine (paid and finished ban) Further to me declaring this I have been told I would stay temporary until the CRB is back. It came back on Monday and is showing the conviction I declared, and it comes up as unspent for 5 years due to the rehabilitation of offenders act 1974.I know the law has now changed and if i committed the same offence now then it would only appear as unspent for 1 year.I have now been told that as my company have a "blanket policy" of not employing people with unspent convictions I may have the offer withdrawn and even lose my temporary role.Are they allowed to do this? I declared the conviction on my acceptance of offer, do not drive as part of my job either.I am not in an "at risk" job, I am an administrator for a recruitment company.The company have got the CRB from disclosure scotland, not DBS so there is confusion as to whether to convictions should show as spent or not.Any advice would be greatly appreciated.

[ljrees1983]

Re: Withdrawal of Employment offer - Advice needed

<p>
&nbsp;here is the email i received - they also told me via phone and i have yet to get anything in writing.Thank you for your emails this morning. AMS obtain a basic criminal check through Disclosure Scotland, which details only unspent convictions. We have a clear and consistent policy that we do not employ any individual who has an unspent conviction, irrespective of the nature of the conviction. You have previously referred also to the Disclosure and Barring Service. For the avoidance of doubt, this is a separate service and is not one AMS use, so is not relevant to your situation. I appreciate this decision may well be disappointing for you but trust you understand that our decision is fair and is consistent with how we treat all other individuals in this situation. I would be happy to speak to you to explain in more detail if that would be helpful. I have also requested a copy of the policy they refer to twice but am yet to receive anything.</p>

[Johnboy007]

Re: Withdrawal of Employment offer - Advice needed

This from the Rehabilitation Of Offenders Act.......

Subject to subsection (2) below, where an individual has been convicted, whether before or after the commencement of this Act, of any offence or offences, and the following conditions are satisfied, that is to say— (a)he did not have imposed on him in respect of that conviction a sentence which is excluded from rehabilitation under this Act; and
(b)he has not had imposed on him in respect of a subsequent conviction during the rehabilitation period applicable to the first-mentioned conviction in accordance with section 6 below a sentence which is excluded from rehabilitation under this Act;
then, after the end of the rehabilitation period so applicable (including, where appropriate, any extension under section 6(4) below of the period originally applicable to the first-mentioned conviction) or, where that rehabilitation period ended before the commencement of this Act, after the commencement of this Act, that individual shall for the purposes of this Act be treated as a rehabilitated person in respect of the first-mentioned conviction and that conviction shall for those purposes be treated as spent.

Subsection 2 states,
A person shall not become a rehabilitated person for the purposes of this Act in respect of a conviction unless he has served or otherwise undergone or complied with any sentence imposed on him in respect of that conviction; but the following shall not, by virtue of this subsection, prevent a person from becoming a rehabilitated person for those purposes—
(a)failure to pay a fine or other sum adjudged to be paid by or imposed on a conviction, or breach of a condition of a recognizance or of a bond of caution to keep the peace or be of good behaviour;
(b)breach of any condition or requirement applicable in relation to a sentence which renders the person to whom it applies liable to be dealt with for the offence for which the sentence was imposed, or, where the sentence was a suspended sentence of imprisonment, liable to be dealt with in respect of that sentence (whether or not, in any case, he is in fact so dealt with);
(c)failure to comply with any requirement of a suspended sentence supervision order.

So really my friend, providing you have kept to the legislation, then your conviction is 'SPENT'.
Regardless of what some Scottish company states, the company have a duty to reconsider it's obligations on this matter.
If you live in England and your company is also in England, then you are governed by English Law.

[Johnboy007]

Re: Withdrawal of Employment offer - Advice needed

I have been having a look at the 'Disclosure Scotland' Web site, and this is primarily a Scottish company, using mostly Scottish legislation.

Disclosure Scotland is an Executive Agency of the Scottish Government operating on behalf of Scottish Ministers.
Our core function is to contribute to the safety of vulnerable people in our society. We provide criminal history information to organisations and potential employers to assist them to make safer and more informed recruitment decisions. Disclosure Scotland maintains barred lists of those individuals unsuitable to work with children or protected adults for organisations and potential employers.

Under the Protection of Vulnerable Groups (Scotland) Act 2007 (PVG), we:

• are introducing individuals undertaking regulated work into the PVG Scheme and issuing PVG Scheme disclosures;
• are administering the barred lists in relation to regulated work with children or protected adults.

Under Part V of the Police Act 1997, we also:

• issue Enhanced Certificates where the individual’s role is prescribed in legislation;
• issue Standard Certificates where the individual’s role is exempt from the Rehabilitation of Offenders Act legislation; and
• issue Basic Certificates.

Is your company Scottish?
Some laws in Scotland differ from those in England, and your employer should take this into consideration.
Can you tell me exactly what sentence you received in 2011, including fines and imprisonment (include suspended sentences, and community orders)
I need to know the exact lengths of time for any such sentences. As this will determine when your conviction became spent.

[Johnboy007]

Re: Withdrawal of Employment offer - Advice needed

Part V of the Police Act 1997 states
This includes measures that enable all organisations in England and Wales, irrespective of whether they are likely to ask exempted questions under the The Rehabilitation of Offenders Act 1974, to obtain criminal record information about prospective employees and volunteers from a centralised source. This is carried out by the new executive agency of the Home Office – the Criminal Records Bureau, situated in Liverpool.

[ljrees1983]

Re: Withdrawal of Employment offer - Advice needed

thank you, are you able to help me write a reply to their email? as i havent had the response in writing i want to back up my case as much as i can.

My company is in england.

[Johnboy007]

Re: Withdrawal of Employment offer - Advice needed

Part V of the Police Act 1997 states
This includes measures that enable all organisations in England and Wales, irrespective of whether they are likely to ask exempted questions under the The Rehabilitation of Offenders Act 1974, to obtain criminal record information about prospective employees and volunteers from a centralised source. This is carried out by the new executive agency of the Home Office – the Criminal Records Bureau, situated in Liverpool.

I need to know full details of your conviction in 2011, date and length of any sentence, including suspended sentences or community orders, fines etc;
You can send me a personal message.........

Below is a code of practise for CRB checks.

[wales01man]

Re: Withdrawal of Employment offer - Advice needed

As it is only an offer can the employer say no until the offer is accepted by the OP and agreed by the Employer if that's their policy for all why should they treat any one differently

[Johnboy007]

Re: Withdrawal of Employment offer - Advice needed

You are right Wales, an offer is just that, 'an offer'.
It can be withdrawn before acceptance as there is no contract.
But I think the issue here is whether the company are morally or lawfully right in withdrawing their offer, on the grounds of this conviction.
Now if it can be shown that the conviction is indeed spent. Then the company have acted against their own policy, and OP will have very good grounds for an appeal.

[wales01man]

Re: Withdrawal of Employment offer - Advice needed

Realistically if the Company rejects the appeal where does the OP go from there?

[ljrees1983]

Re: Withdrawal of Employment offer - Advice needed

the offences were declared when i completed the crb declaration when i was offered the role, i am just concerned that they have not followed correct procedures. At this moment in time i do not even know if i am allowed to stay in my temporary role.

[Johnboy007]

Re: Withdrawal of Employment offer - Advice needed

the offences were declared when i completed the crb declaration when i was offered the role, i am just concerned that they have not followed correct procedures. At this moment in time i do not even know if i am allowed to stay in my temporary role.

I have replied to your PM.......
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