crb
Author
Discussion

chris1974

Original Poster:

10 posts

176 months

Tuesday 14th December 2010
quotequote all
hi all dont know if anyone could help i have been working for a company now for two years and they have only just checked my cv and done crb checks i have now been suspended as a result can i take any steps towards the company if they dissmiss me

rufusgti

2,558 posts

208 months

Tuesday 14th December 2010
quotequote all
fkoff you peadophile

sn00per

79 posts

176 months

Tuesday 14th December 2010
quotequote all
Assuming you either

a) Didnt declare previous convictions on the application form
or
b) made false claims on the CV regarding your previous work history/qualifications

then I wouldnt think you have a leg to stand on as you've purposely misinformed them.

550Hep

3,135 posts

233 months

Tuesday 14th December 2010
quotequote all
I suspect it depends on the wording in your employment contract that you signed and whether or not you are in material breech of that.


550Hep

3,135 posts

233 months

Tuesday 14th December 2010
quotequote all
sn00per said:
Assuming you either

a) Didnt declare previous convictions on the application form
or
b) made false claims on the CV regarding your previous work history/qualifications

then I wouldnt think you have a leg to stand on as you've purposely misinformed them.
A) definitely yes

B) Not so sure about as far as either goes maybe qualifications if one was deemed a requirement for the job

chris1974

Original Poster:

10 posts

176 months

Tuesday 14th December 2010
quotequote all
snooper cheers i did not declere because they were over 6 years ago and it was nothing to do with children or offences along them lines

550Hep

3,135 posts

233 months

Tuesday 14th December 2010
quotequote all
Then sorry to say chap I don't think you have a leg to stand on, feel free not to answer but surely you had to consent to a CRB check so why did you not come clean then and try and talk it through?

chris1974

Original Poster:

10 posts

176 months

Tuesday 14th December 2010
quotequote all
550Hep said:
I suspect it depends on the wording in your employment contract that you signed and whether or not you are in material breech of that.
cheers mate should these checks not off been caryied out earlier

chris1974

Original Poster:

10 posts

176 months

Tuesday 14th December 2010
quotequote all
550Hep said:
sn00per said:
Assuming you either

a) Didnt declare previous convictions on the application form
or
b) made false claims on the CV regarding your previous work history/qualifications

then I wouldnt think you have a leg to stand on as you've purposely misinformed them.
A) definitely yes

B) Not so sure about as far as either goes maybe qualifications if one was deemed a requirement for the job
i did but from what i was told was if it was over five years ago i would be ok as they where only checking past five years but my crb has gone back to when i was 17

LuS1fer

42,681 posts

261 months

Tuesday 14th December 2010
quotequote all
Depends what they asked you or what the question said and what your job is. The fact you're still only suspended means you may have hope.

Crafty_

13,658 posts

216 months

Tuesday 14th December 2010
quotequote all
Under the Rehabilitation Of Offenders Act 1974 you may or may not need to disclose previous convictions.
See: http://www.crb.homeoffice.gov.uk/about_crb/what_is...

If you were in the clear when you started the job then you have no need to worry.
If you weren't and failed to disclose offences that you should of then you might be SOL, as the job offer was probably conditional on a clean record.
However, they should of CRB'd you at the time (the offences would of come up), which clearly they either did not do, or the check was done and they were not concerned by the offences you failed to disclose.

Without knowing more its difficult to say if you have any recourse or not. I would recommend you call ACAS ( http://www.acas.org.uk) for further advice.

Edit: CRB has nothing to do with previous work history/qualifications. CRB is Criminal Records Bureau.
Work history/qualifications would be a background/reference check.

Edited by Crafty_ on Tuesday 14th December 20:31

chris1974

Original Poster:

10 posts

176 months

Tuesday 14th December 2010
quotequote all
chris1974 said:
550Hep said:
sn00per said:
Assuming you either

a) Didnt declare previous convictions on the application form
or
b) made false claims on the CV regarding your previous work history/qualifications

then I wouldnt think you have a leg to stand on as you've purposely misinformed them.
A) definitely yes

B) Not so sure about as far as either goes maybe qualifications if one was deemed a requirement for the job
i did but from what i was told was if it was over five years ago i would be ok as they where only checking past five years but my crb has gone back to when i was 17
my qualifications are fine what the problem is that i have my dates mixed up stating that i was working when infact i was in prison

550Hep

3,135 posts

233 months

Tuesday 14th December 2010
quotequote all
chris1974 said:
550Hep said:
sn00per said:
Assuming you either

a) Didnt declare previous convictions on the application form
or
b) made false claims on the CV regarding your previous work history/qualifications

then I wouldnt think you have a leg to stand on as you've purposely misinformed them.
A) definitely yes

B) Not so sure about as far as either goes maybe qualifications if one was deemed a requirement for the job
i did but from what i was told was if it was over five years ago i would be ok as they where only checking past five years but my crb has gone back to when i was 17
I am no employment lawyer just someone that has worked with HR on sticky employment matters for folks that work for me and have dealt with similar ish situations when people have been convicted of offences while in employment and for your employer to fire you for gross misconduct then you will have to be in very specific breech of the terms of your contract.

I would seek some legal advice etc maybe speak to CAB?

Urban Sports

11,321 posts

219 months

Tuesday 14th December 2010
quotequote all
More to the point, what did you do?

biggrin

rufusgti

2,558 posts

208 months

Tuesday 14th December 2010
quotequote all
for rape?

chris1974

Original Poster:

10 posts

176 months

Tuesday 14th December 2010
quotequote all
Crafty_ said:
Under the Rehabilitation Of Offenders Act 1974 you may or may not need to disclose previous convictions.
See: http://www.crb.homeoffice.gov.uk/about_crb/what_is...

If you were in the clear when you started the job then you have no need to worry.
If you weren't and failed to disclose offences that you should of then you might be SOL, as the job offer was probably conditional on a clean record.
However, they should of CRB'd you at the time (the offences would of come up), which clearly they either did not do, or the check was done and they were not concerned by the offences you failed to disclose.

Without knowing more its difficult to say if you have any recourse or not. I would recommend you call ACAS ( http://www.acas.org.uk) for further advice.


Edited by Crafty_ on Tuesday 14th December 20:29
thank you what is acas

550Hep

3,135 posts

233 months

Tuesday 14th December 2010
quotequote all
chris1974 said:
chris1974 said:
550Hep said:
sn00per said:
Assuming you either

a) Didnt declare previous convictions on the application form
or
b) made false claims on the CV regarding your previous work history/qualifications

then I wouldnt think you have a leg to stand on as you've purposely misinformed them.
A) definitely yes

B) Not so sure about as far as either goes maybe qualifications if one was deemed a requirement for the job
i did but from what i was told was if it was over five years ago i would be ok as they where only checking past five years but my crb has gone back to when i was 17
my qualifications are fine what the problem is that i have my dates mixed up stating that i was working when infact i was in prison
That in and of itself is not grounds for gross misconduct, at least as far as I know!

davepoth

29,395 posts

215 months

Tuesday 14th December 2010
quotequote all
chris1974 said:
my qualifications are fine what the problem is that i have my dates mixed up stating that i was working when infact i was in prison
That's quite a problem. Expect to be looking for a job unfortunately, even though it's just a mistake it looks like malfeasance.

rufusgti

2,558 posts

208 months

Tuesday 14th December 2010
quotequote all
And why come on a car forum to ask these questions. This is your first post. It seems strange. I'm not sure i'd trust you.

550Hep

3,135 posts

233 months

Tuesday 14th December 2010
quotequote all
rufusgti said:
And why come on a car forum to ask these questions. This is your first post. It seems strange. I'm not sure i'd trust you.
My guess would be a new account for an existing member...