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Tony

Member since
August 2019

5 posts

Posted Wed October 2, 2019 2:21pmReport post

So it’s been a month or so since finding out and things have developed somewhat. We’re now at a stage that I don’t know what to do and am struggling to find guidance with internet searches.

so we are still awaiting the investigations conclusion but my partner has lost his job as a result nonetheless, how do we proceed?

can he look for a new job when he might go to prison in a year. I’ve searched google with a variety of phrases and all the guidance is only ever about finding a job POST conviction, nothing about finding a new job while awaiting the outcome of an investigation.

im just at a loss as to what the right thing to do is. :(

i fear for him and his mental health.

Jayne G

Member since
March 2019

125 posts

Posted Wed October 2, 2019 8:25pmReport post

Hi Tony, do you mind me asking why your partner lost his job? Was it because he told his employer? Depending on what he said and how long he was with them, they need to be careful it’s not wrongful dismissal; unless he admitted to them that he had done X, Y and Z then they shouldn’t be able to get rid, as an allegation doesn’t constitute guilt/disrepute. There may be options available to him in terms of work, but he’ll likely need to look at something that doesn’t involve a DBS check.



Xx

snowdrop

Member since
September 2019

178 posts

Posted Wed October 2, 2019 8:30pmReport post

I'm so sorry to read your post and the stress it is causing you. I cannot answer the question about current employment and his responsibilities of informing his management after conviction. However my partner resigned prior to his conviction knowing he would have been dismissed anyway.

Since his conviction and after numerous job applications he has still not found employment. I believe its simply because of the offence he is now guilty of. Being a sex offender is NOT what employers want. I understand there concerns, they have a brand name to protect and the fear of adverse publicity if the press and media find out. They also have to deal with social media outlets like Facebook and twitter. I have come to the conclusion any potentially HR member who reads my partners disclosure letter simply shudders and puts it and the application in the bin.

Jayne G

Member since
March 2019

125 posts

Posted Wed October 2, 2019 8:35pmReport post

Snowdrop, if it helps, I work in HR and the team I sit in are very much about the individual and want to know the “why”, rather than dismissing based on a simple tick box. The biggest problem we’ve had with a criminal record was a record of stealing, which we decided to be an issue as they were handling financial transactions and had stolen multiple times before, so we didn’t proceed. We don’t have an out and out police about when to “reject” someone based on their past; it’s on a case by case basis. It sounds like your partner just hasn’t found the right place where he’ll be looked after yet xx

snowdrop

Member since
September 2019

178 posts

Posted Wed October 2, 2019 8:45pmReport post

Jayne G

Thank you for the reply... I will show it to my partner as he is convinced that no one will ever employ him again... He's very low and the negative replies only sap what's left of a man who believes there's no hope. Thank you

Tracey

Member since
December 2018

450 posts

Posted Wed October 2, 2019 9:38pmReport post

Hi

Do you have to tell any future employer about your conviction?

I assumed it was only I'd you needed a DBS??

WorriedMum

Member since
July 2019

37 posts

Posted Wed October 2, 2019 11:34pmReport post

Do offenders have to disclose to their employers in ALL situations post-conviction, even if they dont work with children or vulnerable people in any capacity?

snowdrop

Member since
September 2019

178 posts

Posted Thu October 3, 2019 12:10amReport post

Having read the comments I just want to add that there are 3 types of disclosure.. Badic.. Enhanced and Enhanced with barring lists. The basic disclosure ceases after the conviction reaches the spent period. However those convicted of sex offences are never removed off Enhanced or Barring list and will always show up if the company applies for this particular check. Finally the majority of sex offenders also get given a SHPO on top of there criminal conviction. I have researched this court order and found out that this a separate conviction which also needs to be disclosed.

What l found surprising was the criminal conviction my partner was given will be spent in 5 years however the SHPO was for 10 years so he will need to disclose this until then.. The SHPO also is quite draconian in my opinion has it prevents him from employment in superstores.. delivery... hospitals etc as he has been told by probation he will be in breach of the order as he MAY have access to vulnerable people or those classed as under 18.

SallyBlue

Member since
March 2019

252 posts

Posted Thu October 3, 2019 10:47amReport post

Your partner can apply for any job. They do not need to reveal the investigation at all, it's a case of you only tell if you are asked. X

Jayne G

Member since
March 2019

125 posts

Posted Thu October 3, 2019 12:28pmReport post

It will largely come down to the individual organisation. I work for a global business employing 1200 people, so we have a question in our new starter forms which asks about any convictions/ongoing investigations but, as I said, we wouldn’t automatically decline someone on this answer; we’d discuss it on a case by case basis. Our head office doesn’t have anyone under 18, so it would depend on the actual situation. We do ask employees to sign a “good repute” form as well, to say they won’t bring the company into disrepute, but this doesn’t say we’ll sack them for any investigations etc! My partner was honest with his employer when things started (hard not to be, as the police went to his place of work to arrest him...) and they stood by him. They listened to his side and they’ve supported him, though he said if he was charged he would resign. Xx

Tony

Member since
August 2019

5 posts

Posted Thu October 3, 2019 6:41pmReport post

Hi all

Thank you for the responses.

re; dismissal, all totally above board. He is contractually required to advise them if arrested, and we knew it would likely result in withdrawal of his employment.

re; disclosure, so we are aware what is disclosed on each type of check and the length of time etc, but thank you anyway.

i think the concern is how do you go about getting a job when you might go to prision in 6 or 12 or even 18 months time? Do you tell them, do you not disclose then have to deal with the likely dismissal upon conviction etc. Just seems a situation that we just don’t know what the best way to go about it will be.

Hilltop478

Member since
September 2019

100 posts

Posted Thu October 3, 2019 6:53pmReport post

Hi Tony

Are you able to give any more info? Reason for investigation etc? I have some info that may be useful to you but it also may not be if that makes sense. X

Tony

Member since
August 2019

5 posts

Posted Thu October 3, 2019 6:55pmReport post

Hi Hilltop

possession, to which he admitted at interview.