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Employment After Prison Sentence
My partners son spent six months in prison for perverting he course of justice five years ago.
Since then he has been unemployed saying no-one will employ him because of this, as he is forced to divulge this information at each interview.
Does anyone know exactly if this is true, obviously if asked one must tell the truth, but is it regular procedure for an employer to ask the question.
We would be very grateful if someone could give us some information on this subject.
Thank you
Since then he has been unemployed saying no-one will employ him because of this, as he is forced to divulge this information at each interview.
Does anyone know exactly if this is true, obviously if asked one must tell the truth, but is it regular procedure for an employer to ask the question.
We would be very grateful if someone could give us some information on this subject.
Thank you
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^^^ Not wholly correct Eddie.
Jobs within 'financial services' (e.g. mortgage advisers) are indeed exempted from the provisions of the Rehabilitation of Offenders Act (so offences can never become 'spent' when applying for them). However day-to-day cash handling jobs (such as counter assistants in banks) are NOT exempted, meaning that convictions CAN become 'spent' when applying for them in exactly the same way that they can with most other job applications.
There are 61 fields of employment (or voluntary activity) where offences can never become spent (and where DBS checks can be carried out on applicants). They are listed on pages 3 to 7 of this document:
https:/
If the type of employment being applied for isn't listed there, then convictions CAN become spent and employers CAN'T seek DBS checks.
Jobs within 'financial services' (e.g. mortgage advisers) are indeed exempted from the provisions of the Rehabilitation of Offenders Act (so offences can never become 'spent' when applying for them). However day-to-day cash handling jobs (such as counter assistants in banks) are NOT exempted, meaning that convictions CAN become 'spent' when applying for them in exactly the same way that they can with most other job applications.
There are 61 fields of employment (or voluntary activity) where offences can never become spent (and where DBS checks can be carried out on applicants). They are listed on pages 3 to 7 of this document:
https:/
If the type of employment being applied for isn't listed there, then convictions CAN become spent and employers CAN'T seek DBS checks.
My reading of the list (as per my previous link) is that accountancy is only exempted from the provisions of the Act when first seeking to become, say, a chartered accountant. For job applications later on, convictions can become 'spent' and CRB checks can't be carried out unless the job falls within the category of 'financial services' (such as an independent financial adviser).
When initially applying for a Personal Licence, 'spent' convictions do not have to be declared:
http://
Any conviction thereafter for a 'relevant' offence (which, for example, includes drink-driving but doesn't include careless or dangerous driving) has to be notified to the licensing authority.
As far as I can see from their website, the Financial Conduct Authority doesn't impose any duty upon any person (who has already been given FCA approval) to notify them of any criminal convictions which they might acquire after they've been granted approval but the courts may well pass such information on anyway. (As an analogy, teachers aren't legally obliged to tell the GTC about any convictions they acquire but the courts automatically pass on details of things like sexual offences).
To the best of my knowledge, a similar position applies to both of the Chartered Institutes for accountants.
http://
Any conviction thereafter for a 'relevant' offence (which, for example, includes drink-driving but doesn't include careless or dangerous driving) has to be notified to the licensing authority.
As far as I can see from their website, the Financial Conduct Authority doesn't impose any duty upon any person (who has already been given FCA approval) to notify them of any criminal convictions which they might acquire after they've been granted approval but the courts may well pass such information on anyway. (As an analogy, teachers aren't legally obliged to tell the GTC about any convictions they acquire but the courts automatically pass on details of things like sexual offences).
To the best of my knowledge, a similar position applies to both of the Chartered Institutes for accountants.
I was aware of the 75% stat before I knew Ed was a prison visitor
and accounts as a job - a position of trust and I can see why an employer is shy about re employing a white collar worker. Presumably it was financial information and he fell foul of MLR ( money laundering ) - there is a duty of disclosure.... my blood runs cold to think of it.
I think he has to work his way [back] up - shelf packing - warehouse - warehouse inventory mgt - back into an office. All the kids are doing this who didnt bother to turn up to school.
and accounts as a job - a position of trust and I can see why an employer is shy about re employing a white collar worker. Presumably it was financial information and he fell foul of MLR ( money laundering ) - there is a duty of disclosure.... my blood runs cold to think of it.
I think he has to work his way [back] up - shelf packing - warehouse - warehouse inventory mgt - back into an office. All the kids are doing this who didnt bother to turn up to school.
^ yes get him to sign on with a job agency for temporary work to get some work experience again, once he has that getting another job will be much easier. I was made redundant at the age of 58, even the job center clerk admitted that getting a job when aged over 55 was 'very difficult'. I got nothing not even an interview despite applying for over 120 jobs. The I decided to enroll at a job agency for temporary work. I was offered work within hours, washing up in a commercial kitchen. I took it and it led to more work including some really interesting jobs. I soon realised I liked the variety of doing different jobs at different places and stayed with the agency for 7 years until I got my pension at 65. I am a graduate Chemist who has worked all over the world, but I enjoyed my time as a 'temp' mainly washing pots in large kitchens.
God I was unemployed when I came back from Egypt ( 1978 ) - Arabic really was my USP and not much in demand ... not in demand in fact. And I erm started with locums and filling in....and people do say 'there is another job in a fortnight they are looking for someone....' An experience you really do once.
I am working up my way in AAT ( assoc of accountancy technicians ) and Glenbar's step son will probably squeak " for chrissakes that is hardly above O level " - and conviction is a reason to take away professional membership already gained. Accountancy is largely self regulating ( hem hem). Further cert and registration is reqd for insolvency, tax and financial services. I am not sure if AAT is on the list of those informed about every conviction. ( GMC, GDC, GOC, NMC are) - they certainly do proceed against those they are informed of. When I was done for drink driving ( I HAD done it) - five of my co-workers felt it was their duty to inform my employer some with newspaper cuttings
[" It was higher than a duty - it had become a pleasure - Oscar Wilde]
I am working up my way in AAT ( assoc of accountancy technicians ) and Glenbar's step son will probably squeak " for chrissakes that is hardly above O level " - and conviction is a reason to take away professional membership already gained. Accountancy is largely self regulating ( hem hem). Further cert and registration is reqd for insolvency, tax and financial services. I am not sure if AAT is on the list of those informed about every conviction. ( GMC, GDC, GOC, NMC are) - they certainly do proceed against those they are informed of. When I was done for drink driving ( I HAD done it) - five of my co-workers felt it was their duty to inform my employer some with newspaper cuttings
[" It was higher than a duty - it had become a pleasure - Oscar Wilde]
You don't need to disclose spent convictions when applying for most jobs. Under the Rehabilitation of Offenders Act 1974 it's unlawful for an employer to discriminate on the grounds of a spent conviction. However, some types of jobs are exempt from this Act – this means you have to disclose spent convictions as well as unspent ones. These jobs include:
working with children and vulnerable adults, such as elderly and disabled people
senior roles in banking and the financial services industry
certain posts connected to law enforcement, including the judiciary and the police
work involving national security
certain posts in the prison service
certain professions in areas such as health, pharmacy and the law
private security work.
Unless he is applying for work in professions like those above interviewers have no right to demand the information. if an employer or application form asks you if you've got a criminal record and your convictions are spent, and the job isn't exempted from the Act above, he can just say 'no' to the question and they won't know different if they don't do DBS checks.
working with children and vulnerable adults, such as elderly and disabled people
senior roles in banking and the financial services industry
certain posts connected to law enforcement, including the judiciary and the police
work involving national security
certain posts in the prison service
certain professions in areas such as health, pharmacy and the law
private security work.
Unless he is applying for work in professions like those above interviewers have no right to demand the information. if an employer or application form asks you if you've got a criminal record and your convictions are spent, and the job isn't exempted from the Act above, he can just say 'no' to the question and they won't know different if they don't do DBS checks.
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