If a conviction shows up on someones CRB/Disclosure check

[saltire]

Does it automatically mean they can't get a job?
My friend applied for a job in an old people's home. Her Disclosure came back showing a conviction from 14 years ago, when she cashed a benefit cheque whilst working. She has now been told that because of this she can't get the job. She knows it was wrong, it was 14 years ago, a cheque for £47, and she paid it back plus her fine. She just feels that it's unfair that she is being turned down for this job because of a benefit fraud that happened 14 years ago. i just wondered - on her behlaf- if this is normal

[controlfreaky2]

not sure of the detailed rules but while most convictions are "spent" after a set period of time if you want to work in some jobs (ie with vulnerable people / children) convictions will be relevant / bar to such jobs......

[saltire]

Does that apply even to a fraud conviction? I think she feels that she paid it back, it was a long time ago and can't see how it is going to affect her ability to work with old people

[colditz]

well, while working with those old people, she may have been required to handle their finances, so a fraud conviction is quite a big thing. I wouldn't want my dear ole' mum handing money over to someone with such.

[WigWamBam]

I guess the concern is that someone who has committed this kind of crime in the past may not be trustworthy around vulnerable elderly people - who are often all too easy to steal from.

[pinkspottywellies]

I think it can depend on the policies of the employer. I used to work with volunteers and we could allow people to volunteer but it would depend on the conviction and the length of time that had passed.

[saltire]

TBH, she was a bit untrustworthy (is that a word?), when she was younger. She has sort of straightened herself out a bit, I was jsut wondering what the rules were.

[tombley]

The Rehabilitation of Offenders Act is relevent here. It is the sentence that she recieved and not the offence commited that is important.

[saltire]

Thanks for that link tombley. I think the confusion has arisen because as far as my friend was concerned the conviction was spent, and she is adamant that there was nothing on the application from asking about convictions, therefore she never mentioned it

[unknownrebelbang]

Taken from the CRB website:

As CRB checks are only available for those applying for positions involving working with children, or working with the elderly or sick people, the checks will reveal both spent and unspent convictions.

[tombley]

From what the Law on the Web says she may have grounds to complain about a spent conviction being used as a reason not to employ her. Perhaps mentioning the act will be enough for them to think again?

[LilyLoo]

No it doesn't. When this happened to me i was informed that i had had something show up on my check. I was asked to go in to discuss what had shown up and it turned out an ex friend who was a heroin addict had been using my name and details to police for some time. It got sorted out and i got the job. I work in a school. I am sure if she can explain the conviction then she will be fine.

[saltire]

Two of the management turned up at her house telling her they weren't employing her because of the conviction, but gave her the name of the owner if she "wanted to write to them". She has written a letter asking them to re consider