Pre-employment screening / FCA rules
Discussion
Hi all,
Poking my head above the parapet here and asking for some guidance on my present situation. I'll try and keep it brief and chronological.
I work at a fairly senior level in Financial Services, specifically start up banks / commercial lending. I am aware of the FCA rules around disclosure and general integrity for such people.
I was recently offered a position, which I accepted (returning my offer letter) on Tuesday 12th March with a start date of today, 18th March. I have two criminal convictions, 'in charge of a vehicle whilst unfit through alcohol' and 'possession of a controlled substance'. A community order was served in respect of these.
Before starting pre-employment screening - and before I had received my offer letter - I contacted HR requesting a phone call to explain my past as I knew that the DBS check would show my convictions. This email was ignored, and I received a log in to a background check company last Wednesday PM. I completed this on Friday AM, and sent a long email (in lieu of the phone call) explaining the situation as I am obliged to do under FCA guidelines, and also to avoid any 'shock factor' to my new employers.
Yesterday I received an email advising that they will now not discuss anything with me (and I will not start work today) until the background checks are complete, which takes 5-10 working days (their estimate).
This seems a little contradictory, as until I disclosed my convictions (and bearing in mind I only had the log in since last Wednesday PM) they were happy for me to start today - a timespan of much less than the 5-10 working days as quoted!
Government guidance states ''if the offence is not relevant to the role you are applying for the ‘Rehabilitation of Offenders Act’ states that you must still have the same chance of employment as somebody without a criminal record''.
Does anyone have a steer on what will happen next?
Poking my head above the parapet here and asking for some guidance on my present situation. I'll try and keep it brief and chronological.
I work at a fairly senior level in Financial Services, specifically start up banks / commercial lending. I am aware of the FCA rules around disclosure and general integrity for such people.
I was recently offered a position, which I accepted (returning my offer letter) on Tuesday 12th March with a start date of today, 18th March. I have two criminal convictions, 'in charge of a vehicle whilst unfit through alcohol' and 'possession of a controlled substance'. A community order was served in respect of these.
Before starting pre-employment screening - and before I had received my offer letter - I contacted HR requesting a phone call to explain my past as I knew that the DBS check would show my convictions. This email was ignored, and I received a log in to a background check company last Wednesday PM. I completed this on Friday AM, and sent a long email (in lieu of the phone call) explaining the situation as I am obliged to do under FCA guidelines, and also to avoid any 'shock factor' to my new employers.
Yesterday I received an email advising that they will now not discuss anything with me (and I will not start work today) until the background checks are complete, which takes 5-10 working days (their estimate).
This seems a little contradictory, as until I disclosed my convictions (and bearing in mind I only had the log in since last Wednesday PM) they were happy for me to start today - a timespan of much less than the 5-10 working days as quoted!
Government guidance states ''if the offence is not relevant to the role you are applying for the ‘Rehabilitation of Offenders Act’ states that you must still have the same chance of employment as somebody without a criminal record''.
Does anyone have a steer on what will happen next?
This sounds like it is the company doing the checks for their purposes at present.
To register for 'fitness and probity' with the FCA requires your employer to complete an online FCA registration document, EMD form, and the FCA will then take it forward and approve, or not, depending on their findings. You will know when the company do this as you will need to sign it.
This depends on which area of financial services you are in of course and the role you are expected to fulfil. FCA usually only require Directors/Officers, shareholders with significant interest and MLRO's to be registered. Even if the company is an API involved with remittance/forex involving HMRC reporting, that side will be taken care of by the FCA.
To register for 'fitness and probity' with the FCA requires your employer to complete an online FCA registration document, EMD form, and the FCA will then take it forward and approve, or not, depending on their findings. You will know when the company do this as you will need to sign it.
This depends on which area of financial services you are in of course and the role you are expected to fulfil. FCA usually only require Directors/Officers, shareholders with significant interest and MLRO's to be registered. Even if the company is an API involved with remittance/forex involving HMRC reporting, that side will be taken care of by the FCA.
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