DH with previous

[Youdontneedacriminallawyer]

DH (currently unemployed) was offered a job last week working with a financial company. He was due to start next week, but heard today that the offer has been withdrawn because the security check threw up the fact that he was done for ABH years ago.
We've been married 20+ years, and the crime was several years before we met, while he was a hotheaded youth, and not long after he'd left the Royal Marines after serving in the Falklands war (so a bit fucked up mentally).
This record has never prevented DH from getting a job before, and he's currently a doting father and husband who hasn't hurt a fly in all the years we've been together.
My question is - will this come up again? Are people not allowed to change? Doesn't the system not recognise that a one off incident, albeit a serious one, on an otherwise unblemished 50 year olds record, does not mean that he currently poses any risk? How does he redeem himself?

[AdoraBell]

It's not fair but I think that's just the way the financial industry is. Everything has to be squeaky clean on paper.

DH knows someone who lost a job offer because his wife didn't tell them her brother had a conviction.

[Youdontneedacriminallawyer]

Would it be different in other industries then? As I said, he's never had a problem before. I wondered whether the world has got generally stricter on these things since either of us last looked for a job, in which case he might as well rule out ever finding one

[AdoraBell]

It could be different in other industries, but I don't know which ones, I just know that finance is much stricter than most.

Could you do some research before he applies to other jobs, maybe google requirements and standards etc for the job sector he's looking at?

[Youdontneedacriminallawyer]

He will do next time. And tell them about the conviction up front - better than a potential employer finding out I think.
We know its his fault - but it was all such a long time ago....
Thanks for your advice though

[wightjellybaby]

If its the debt side of the financial world any kind of criminal record and they wont jave you also if youve had ccjs or long lasting debt issues now matter how long ago it was.

Job hunting is so hard at the moment good luck

[Blithereens]

The finance industry is extremely strict with this stuff. I had a friend who worked in the industry and was caught on camera at a football riot. He wasn't even rioting, but he was on camera and his face was visible. He got arrested, wasn't charged with anything and was let go but still got fired immediately. Sorry about the difficulties your DH is facing.

[Hoppinggreen]

It might be that he has to be registered with the financial services authority or whatever it's called these days. In which case he can't have criminal convictions.

[Youdontneedacriminallawyer]

He'd be in IT, and a contractor not a permanent employee. He's not limited to the financial industry though, and might be an idea if he stays clear in future. Thank you for all your comments.

[SpiderRoaster]

It might be worth calling ACAS on this.

Whilst I agree this kind of practice takes place, i.e. offers withdrawn or employee's dismissed when the checks come back; I'm not aware of any specific 'financial services' employment law loophole that means they can do this.

I would have thought your DH is covered by Rehabilitation of Offenders Act According to this, an employer cannot refuse to employ someone (or dismiss someone) because he or she has a spent caution or conviction unless an exception applies. I can't seem to find an 'exception' list - perhaps finance is on here.

I previously worked in the Insurance sector (regulated by FSA) and even with spent convictions, we would take a pragmatic approach and discuss the spent conviction with the individual, and review on a case by case basis. For example, someone involved in theft, would be a risk; but someone who had a punch up in their teens, is a low risk if selling insurance.

Give ACAS a call to see where you stand 'legally' and if they believe your DH should challenge it.

[Hoppinggreen]

A close friend of mine is a contractor ( project manager rather than IT) and has just got a contract with a major bank.
She has had to fill in all sorts of forms and had to declare any convictions etc ( she hasn't got any)
As a contractor rather than an employee I'm not sure if ACAS could help in this case

[Youdontneedacriminallawyer]

Worth a try though. Thanks for the tip Spider.

[EBearhug]

I think the chances of getting a job in banking, whatever the role, are going to be very low. I don't currently work in banking, but I do work for a big corporate, and someone with a conviction wouldn't get a role here, either. I can understand it for things like fraud, particularly if it's working in IT with privileged access (superuser etc). Assault more than 20 years ago, with no recurrences, I'm less sure about.

[RhondaJean]

He isn't is Scotland is he you dont, because I could make suggestions if he is but I don't know the English system.

[Youdontneedacriminallawyer]

No, he's not in Scotland.
He's not specifically looking for a job in banking, or finance generally, just applied for this job as it seemed suitable.
I think he'll stay clear of that industry as they do seem to be more fussy than most - as I say, he's never had a problem getting a job before.

There must be others in this situation - seems a shame to condem a 50 year old man for a mistake he made when he was 18, with no re-occurences of same or any other crime. DH isn't special, and did a bad thing, but as I said, he was not long back from the Falklands War, and the target of much abuse by "friends", was pretty screwed up mentally anyway by what he'd seen and done there, conditioned by his training to fight back, and one day just lost his temper big time.

Ah well...

[OnGoldenPond]

For this conviction to be uncovered your DH must have been subjected to a DBS check. Only eligible employers are allowed to carry these out, most employers are not allowed to. Those allowed to include those invved in working with children or vulnerable adults, or roles on the financial services industry.

Other employers can only require you to declare unspent convictions. It is illegal for them to require you to provide information on spent convictions or refuse you employment because of them. This is covered by the Rehabilitation of Offenders Act.

Therefore if your DH steers clear of financial services roles or roles working with children or vulnerable adults he does not need to mention this spent conviction. The employer would not be able to run a DBS check as they would not be eligible under the Act so would not be able to find out about it.

Even if they somehow found out about it later they could not use it as grounds for dismissal as your DH does not have to tell them about spent convictions.

So if he steers clear if these specific areas there is no need for an employer ever to know about this.

[Youdontneedacriminallawyer]

Thank you Golden