Background Checks

[Ejim]

The initial message was deleted from this topic on 02 April 2021 at 07:37

[Norgles]

What was your old works policy. Usually a written would expire and be removed from your record 12 months after its end date.

[944 Man]

You could have been sent to prison for a year and it would be spent under the RoOA! This isn't an answer directly, but if the lawful correct answer to "do you have any criminal convictions?" would now be 'no' after a one year sentence two years ago, then there isn't a cat in hell's chance of me disclosing a subjective 3yr old disciplinary from a past job.

On a separate note, they sound like a shower of ste - all of this should have been dealt with beforehand.

Edited by 944 Man on Tuesday 30th March 21:00

[Ussrcossack]

You would have thought that when your current employer asked for references that is a question they would ask, tread carefully and truthfully

[Thankyou4calling]

No.

Is the correct answer.

[craigjm]

ACAS guidance says that a written warning should be kept on file for 6 months if it’s a first written warning and 12 months if it’s a final written warning. A previous employer can disclose that there was a written warning given if asked in a reference if they wish. Most do not these days.

Background checks should be done before a person actually starts employment so that would be a bit of a red flag to me about the competence of the company.

My advice would be to answer no to the question.

[dibblecorse]

944 Man said:

On a separate note, they sound like a shower of ste - all of this should have been dealt with beforehand.

Edited by 944 Man on Tuesday 30th March 21:00

Probably not, the contract signed will have had a provision for background checking and that rarely gets completed before a start date, quite often not even kicked off before a start date, and the ongoing employment will always be subject to them being satisfactory.

OP, go back to your contract, the requirement for a background check will have been in there, if its not you can decline the request as not contractually obliged but then don't expect to make probation.

[944 Man]

I think that we are talking at slightly crossed purposes. You appear to be taking some of the terms more literally: if all is as you see it them I do not disagree with you.

If this is just an HR department in a regular job, then I disagree.

[Ejim]

Regular job. The background checks have been outsourced to an external company to conduct.

[944 Man]

I believe that the reasonable answer is a resounding 'no'; unless you have formally agreed beforehand to disclose irrelevant nonsense for years previous.

[Ejim]

944 Man said:

I believe that the reasonable answer is a resounding 'no'; unless you have formally agreed beforehand to disclose irrelevant nonsense for years previous.

I signed a form to allow them to contact me to gain details to carry out background checks, however that was all.

My heads fried with this!

[944 Man]

Is it reasonable for them to expect you to disclose a warning which your old employer will have deleted after one year, three years later; where a person who spent one year in prison could legally answer 'no' to questions about a criminal record after the same period of time?

I think not: beyond that I think that it would be completely unreasonable.

[55palfers]

I doubt your previous employer would disclose anything anyway.

[105.4]

If you answer ‘Yes’, then you think you’ll be gone.
If you answer ‘No’ and you get found out, you think you’ll be gone.

Personally I’d answer ‘No’ because it’s unlikely they’ll ever find out the truth anyway, plus you’ve got the technicality of your interpretation of the question, (spent vs unspent disciplinaries), with spent disciplinaries not counting.

[craigjm]

Ejim said:

It was spent in April 2019 so 2 years gone now.

I’m thinking I may go with a ‘no’. If only I could find out my previous employers reference policy!

If they have any sense their reference policy will simply be to reply as follows......

Mr Rjim worked for us as [insert role title] between the dates of [insert start date] and [insert end date]

Regards

[insert company name]

Stop overthinking and just get it done. I know someone who has lost two job offers in the last few months because he has over thought the checks and ended up with the offers being withdrawn because he held on to the vetting requests fretting.

If they find out something they dont like you lose the job. If you refuse you might lose the job, if you fill it in and its fine you wont. Just get it done.

[oldbanger]

Ejim said:

944 Man said:

I believe that the reasonable answer is a resounding 'no'; unless you have formally agreed beforehand to disclose irrelevant nonsense for years previous.

I signed a form to allow them to contact me to gain details to carry out background checks, however that was all.

My heads fried with this!

With external vetting agencies my experience that the vetting agency go beyond what HR actually need. As someone who had regularly been through SC vetting, my first private sector job involved someone at the vetting company instructing me to provide more than 10 years of bank statements so they could verify my dates of self employment from many years before. Thankfully I am a hoarder but I subsequently found out the company who hired me had no knowledge of the lengths I had been asked to go to.
And more importantly wouldn’t have given a monkeys if I had said no.

[Pothole]

Ejim said:

944 Man said:

Is it reasonable for them to expect you to disclose a warning which your old employer will have deleted after one year, three years later; where a person who spent one year in prison could legally answer 'no' to questions about a criminal record after the same period of time?

I think not: beyond that I think that it would be completely unreasonable.

It was spent in April 2019 so 2 years gone now.

I’m thinking I may go with a ‘no’. If only I could find out my previous employers reference policy!

That's easy. Ring them up. "Hi this is Tarquin from Urquhart's Employment Agency...I have a candidate I'd like to put forward for a role who claims she used to work for you. Could you tell me if you include details of any past disciplinary procedures they have been subject to in a reference you supply?" or similar...

[Ejim]

Pothole said:

Ejim said:

944 Man said:

Is it reasonable for them to expect you to disclose a warning which your old employer will have deleted after one year, three years later; where a person who spent one year in prison could legally answer 'no' to questions about a criminal record after the same period of time?

I think not: beyond that I think that it would be completely unreasonable.

It was spent in April 2019 so 2 years gone now.

I’m thinking I may go with a ‘no’. If only I could find out my previous employers reference policy!

That's easy. Ring them up. "Hi this is Tarquin from Urquhart's Employment Agency...I have a candidate I'd like to put forward for a role who claims she used to work for you. Could you tell me if you include details of any past disciplinary procedures they have been subject to in a reference you supply?" or similar...

Unfortunately I think not, it’s a massive company who are currently working from home for the majority of their HR functions

[klan8456]

55palfers said:

I doubt your previous employer would disclose anything anyway.

Typically not, although it’s worth noting some counties have laws in place to stop rolling bad apples.

[craigjm]

Pothole said:

Ejim said:

944 Man said:

Is it reasonable for them to expect you to disclose a warning which your old employer will have deleted after one year, three years later; where a person who spent one year in prison could legally answer 'no' to questions about a criminal record after the same period of time?

I think not: beyond that I think that it would be completely unreasonable.

It was spent in April 2019 so 2 years gone now.

I’m thinking I may go with a ‘no’. If only I could find out my previous employers reference policy!

That's easy. Ring them up. "Hi this is Tarquin from Urquhart's Employment Agency...I have a candidate I'd like to put forward for a role who claims she used to work for you. Could you tell me if you include details of any past disciplinary procedures they have been subject to in a reference you supply?" or similar...

And they would tell you to do one because it would need to be in writing on headed paper or company email.