Job offer revoked due to conviction even though declared

[silver_lining]

Hi All,

Looking for a bit of advice for a mate as to whether he can do anything in this situation.

He was recently offered a position on an apprenticeship, subject to a disclosure (Scotland) check. Around three years ago he was convicted of a relatively minor offence (Attempted theft). He declared this conviction on his application to the organisation.

After applying he was invited to an interview, which he passed, and was offered the job around two weeks ago. After sending his disclosure check to the organisation (with the conviction on it) he was contacted today to say that the offer had been revoked due to the conviction. The organisation stated that they do not employ anyone with a criminal record, even though it was declared on the original application.

He is absolutely gutted about this, as the job was something he had wanted to do for years but is difficult to get into due to its speciality, so I'd like to help him as best I can. I'm unsure what to advise him to do next. Is there anything that can be done legally about this? (I doubt there is but worth asking). If not, what would be the best way to approach discussing with the organisation if there is anything that can be done about the situation?

Your advice would be greatly appreciated on this as I really want help him out.

Cheers!

[mrmr96]

Unfortunately even if he could lever himself into position, he'd not last long there if they didn't want him. An unfortunate situation though.

[silverous]

Would you employ someone who had attempted to steal a few years ago? Not meaning to sound harsh but you can see it from the potential employer's perspective. I would think there is nothing that can be done and it is a valid reason for refusing the job, they probably missed it in the application.

[StevieBee]

Legally, there is nothing he can do....unless the offer was firm and formal with a signed contract in place, notice handed into current employer and that there was no written caveat that the offer was subject to background checks.

Morally, a well crafted letter explaining the the past was the past, determined to progress, etc..may have an effect but don't count on it.

[davepoth]

StevieBee said:

Legally, there is nothing he can do....unless the offer was firm and formal with a signed contract in place, notice handed into current employer and that there was no written caveat that the offer was subject to background checks.

Morally, a well crafted letter explaining the the past was the past, determined to progress, etc..may have an effect but don't count on it.

The company has a rule unfortunately, and that's what they've stuck with. It's the unfortunate result of committing a crime. Go buy him a pint. If it's any comfort the rules are changing, probably by the end of the year, to reduce the length of rehabilitation periods.

[silver_lining]

Thanks for the replies. They were as I expected unfortunately.

I'll tell him to try the grovelling letter suggestion as although unlikely to succeed, it is job worth fighting for.

Cheers

[Gargamel]

silver_lining said:

Thanks for the replies. They were as I expected unfortunately.

I'll tell him to try the grovelling letter suggestion as although unlikely to succeed, it is job worth fighting for.

Cheers

He should refer to the forthcoming change in legislation in any letter. I think where this will fail however is whilst company policy is routinely challenged and broken by many situations and individual managers. You'd have to be a brave manager to go to HR and ask for an exception to be made for 1. An apprentice (of whom lets face it there are many). and 2. Someone who has a criminal conviction...

I do believe in second chances, but it is very difficult, especially with theft.

[jonah35]

Poor chap, this is often why criminals can't get jobs and it's quite sad in a way.

on the other hand, it's not like he was caught doing 32 in a 30 or got involved in some fight in a pub that he couldn't avoid etc. He was caught trying to steal something so in a way some people could say that it's karma.

He could try starting his own business.

[silver_lining]

jonah35 said:

Poor chap, this is often why criminals can't get jobs and it's quite sad in a way.

on the other hand, it's not like he was caught doing 32 in a 30 or got involved in some fight in a pub that he couldn't avoid etc. He was caught trying to steal something so in a way some people could say that it's karma.

He could try starting his own business.

It is sad. I'm especially gutted as although convicted with attempted theft of a motor vehicle (or similar), I'm told it involved drunkenly passing out, slouched over a car bonnet. The owner understandably kicked off when they saw this, there was an argument, they called the police and he was arrested. There wasn't any intent to steal anything. However, this makes absolutely no difference to getting a job.

I reckon the best way forward now would probably be to get another job and fund himself through training in the trade as he was at the upper age limit for applying for an apprenticeship.

[anonymous-user]

silverous said:

Would you employ someone who had attempted to steal a few years ago? Not meaning to sound harsh but you can see it from the potential employer's perspective. I would think there is nothing that can be done and it is a valid reason for refusing the job, they probably missed it in the application.

If someone was honest enough to be upfront about it and bang it on the application that should speak volumes, ,, I would then look to sack the idiot who missed it on the application forms for being incompetent.

Hopefully that doesn't sound too harsh

[blindswelledrat]

I would phone one of the directors and speak directly to them. Regardless of rules they are all just people who may hopefully feel sorry for your friend and be impressed that he wants the job that badly.
Probably wont work but it definitely cant hurt either.

OUr of interest-what was the job? If you need a criminal check presumably it is sensitive in nature?

[Monty Zoomer]

silver_lining said:

He is absolutely gutted about this, as the job was something he had wanted to do for years

So have plenty of decent, honest people.

[Mattt]

silver_lining said:

It is sad. I'm especially gutted as although convicted with attempted theft of a motor vehicle (or similar), I'm told it involved drunkenly passing out, slouched over a car bonnet. The owner understandably kicked off when they saw this, there was an argument, they called the police and he was arrested. There wasn't any intent to steal anything. However, this makes absolutely no difference to getting a job.

I reckon the best way forward now would probably be to get another job and fund himself through training in the trade as he was at the upper age limit for applying for an apprenticeship.

Chinny reckon.

He was convicted, therefore it was proven beyond reasonable doubt that he attempted to steal.

[silverous]

speedyguy said:

If someone was honest enough to be upfront about it and bang it on the application that should speak volumes, ,, I would then look to sack the idiot who missed it on the application forms for being incompetent.

Hopefully that doesn't sound too harsh

To be honest, I'd still prefer the candidates who don't have it on their record and who are also hopefully being honest and you can see why this employer may have done the same.

[V8mate]

Mattt said:

silver_lining said:

It is sad. I'm especially gutted as although convicted with attempted theft of a motor vehicle (or similar), I'm told it involved drunkenly passing out, slouched over a car bonnet. The owner understandably kicked off when they saw this, there was an argument, they called the police and he was arrested. There wasn't any intent to steal anything. However, this makes absolutely no difference to getting a job.

I reckon the best way forward now would probably be to get another job and fund himself through training in the trade as he was at the upper age limit for applying for an apprenticeship.

Chinny reckon.

He was convicted, therefore it was proven beyond reasonable doubt that he attempted to steal.

Exactly. It went much further than just being picked up by the Police.

[Burrow01]

Did he recieve a caution for the offence, or was it dealt with via the courts?

[Upatdawn]

Any conviction is like a dead albatross round the neck...........for ever

1. Do you have any unspent convictions under the Rehabilitation of Offenders act

or

2. Have you a criminal record

The second is far more damning, fib and get found out and its instant dismissal

[DCS01]

My bet is the job realy does not need a disclosure i.e working with kids. It is a way of not employing those who have a record. The checks are not for this and looking at the Home Office web site it clearly states that checks like this must not be made.
How are those who made a mistake in their youth or who are making a seroius attempt at keeping straight, ever going to get jobs (difficult as it is at this time anyway)with companies doing this sort of thing.

[Voldemort]

DCS01 said:

How are those who made a mistake in their youth or who are making a seroius attempt at keeping straight, ever going to get jobs (difficult as it is at this time anyway)with companies doing this sort of thing.

Some jobs, they never will. Actions have consequences. (I don't have kids but) I wouldn't want mine be taught by thieves

[davepoth]

Upatdawn said:

Any conviction is like a dead albatross round the neck...........for ever

1. Do you have any unspent convictions under the Rehabilitation of Offenders act

or

2. Have you a criminal record

The second is far more damning, fib and get found out and its instant dismissal

The questions are legally identical.