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Telling his work

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Cloud

Member since
May 2021

153 posts

Posted Thu September 23, 2021 2:11pmReport post

Has anyone got experience with this: He has checked his contract and there is nothing he can find to say he has to tell his place of work. He does not believe he requires even a basic DBS check to work there. His solicitor and police both said not to. Now a risk assessor is saying he should tell work. Whatever moral opinions may exist, does he legally have to tell them?

majestictopaz

Member since
December 2019

499 posts

Posted Thu September 23, 2021 7:47pmReport post

My partner made sure he got a job where he didn't need to disclose while he waited for charges. Once sentenced he didn't need to tell them and the police and probation confirmed this.

So if he doesn't legally need to then I would say not to disclose. There is the risk of what if they find out, but it is their fault if they don't make it a requirement.

My mum and step dad were surprised that my partner doesn't need to tell his work, I guess it isn't common knowledge that it isn't a blanket requirement, that it is down to the companies to set the requirement. It is likely different if working with children however.

Who is doing the risk assessment? My partner only had one from police and probation.

Cloud

Member since
May 2021

153 posts

Posted Thu September 23, 2021 8:19pmReport post

Okay thank you for this. It is the police risk assessor who wants him to disclose but his solicitor said not to and the OIC said he didn't need to either. It's just figuring out how to say to the risk assessor that he doesn't have to disclose, and doesn't want to, without it looking bad on him and starting off on the wrong foot.

Notalone1970

Member since
May 2021

98 posts

Posted Mon October 4, 2021 7:45amReport post

Hi cloud

the rehabilitation of affenders act is clear, if he is not asked about unspent convictions, and there is nothing in the contract or employee handbook that say he has to tell them about convictions gained when employed with them then he should say nothing, especially if the police are also of this view, it will mean that they have no intention of informing his employer if they have told him not to disclose.

hope this helps

Cloud

Member since
May 2021

153 posts

Posted Wed October 6, 2021 12:45pmReport post

Thank you Notalone, I really appreciate your knowledge of the law side of things xx thanks

Jayjay

Member since
December 2021

695 posts

Posted Sat January 29, 2022 11:55amReport post

Hi cloud did you tell his work? Has he been sentenced yet?

Cloud

Member since
May 2021

153 posts

Posted Mon January 31, 2022 9:07pmReport post

He ended up resigning though has not told me whether this was voluntary or he was forced to. I don't believe his line of work was suitable for someone with charges of IIOC possession, though he didn't think there was a DBS check involved.

Still waiting on sentencing x