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Employers criminal records checks unlawful

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johnfirewall Flag 23 Jan 16 10.16am Send a Private Message to johnfirewall Add johnfirewall as a friend

Can everyone who's ever been refused a job on that basis sue then?

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I had a mate near Gatwick who'd been done for nicking a chocolate bar and no one in the airport would touch him as being a sensitive location they all conducted checks.

A lawyer just explained that this was only justified in a financial role in a company and not for example working on a checkout but I had another mate refused a job he'd been offered at a bank as he'd missed a couple of credit card payments.

Surely they're 'arbitrary' by nature when it's a teaching assistant job the judge is talking about where absolutely everyone in the school will be checked.

 

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SwalecliffeEagle Flag Swalecliffe 23 Jan 16 1.13pm Send a Private Message to SwalecliffeEagle Add SwalecliffeEagle as a friend

Let me tell you, this is so good to read. As someone who has long held a one-off simple caution for an apparently 'violent' crime (it was, at best, a bitch slap) I cannot express just how much it hangs over you when you look for work. Basic disclosures don't reveal old offences but as I understand it enhanced disclosures (working with children, vulnerable people etc.) reveal minor misdemeanors no matter how long ago they were committed. It doesn't look good on paper to the employer and they'll automatically opt for another candidate on that basis...it's understandable but it's unfair and the current system definitely needs reviewing.

 

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Y Ddraig Goch Flag In The Crowd 23 Jan 16 1.17pm Send a Private Message to Y Ddraig Goch Add Y Ddraig Goch as a friend

I am 50, got in (quite serious) trouble when I was a teenager

Would struggle to move jobs now even if I wanted to. Makes life very difficult at times.

 


the dignified don't even enter in the game

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nhp61 Flag Goring-By-Sea born, now in Brackne... 23 Jan 16 4.04pm Send a Private Message to nhp61 Add nhp61 as a friend

I always thought the Rehabilitation Of Offenders Act, where minor convictions are considered "spent" after a number of years, protected those with minor convictions hanging over their heads for the rest of their lives.

I can understand some jobs, like working with kids, needing to know every conviction, even spent ones, but I can't see how supermarkets not employ someone with a spent conviction. Under the Act, they shouldn't even know about the spent convictions.

 

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coulsdoneagle Flag London 23 Jan 16 5.00pm Send a Private Message to coulsdoneagle Add coulsdoneagle as a friend

I think it should be up to the employer to know whether who they employ has a history of criminality. Whether they work with children or not.

If I'm an employer and there are 2 guys both good candidates, equal skills, but one has assaulted someone, stolen or drunk driven then I want to take that in to consideration.

Why should people be able to hide their actions on the basis that it is in the past.

 

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Dweeb Flag East London 24 Jan 16 11.50am Send a Private Message to Dweeb Add Dweeb as a friend

Quote coulsdoneagle at 23 Jan 2016 5.00pm

I think it should be up to the employer to know whether who they employ has a history of criminality. Whether they work with children or not.

If I'm an employer and there are 2 guys both good candidates, equal skills, but one has assaulted someone, stolen or drunk driven then I want to take that in to consideration.

Why should people be able to hide their actions on the basis that it is in the past.


Becuase it's a metter of law, its called the Rehabilitation of Offenders Act 1974. Also, its a matter of logic, otherwise no one with a conviction would ever get a job.

 


Taking the bungy jump since 1964. Never to see John Jackson in a shirt again

Sorry to see Lee Hills go, did we ever see Alex Marrow? We did January 2013

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Y Ddraig Goch Flag In The Crowd 24 Jan 16 11.59am Send a Private Message to Y Ddraig Goch Add Y Ddraig Goch as a friend

Quote coulsdoneagle at 23 Jan 2016 5.00pm

I think it should be up to the employer to know whether who they employ has a history of criminality. Whether they work with children or not.

If I'm an employer and there are 2 guys both good candidates, equal skills, but one has assaulted someone, stolen or drunk driven then I want to take that in to consideration.

Why should people be able to hide their actions on the basis that it is in the past.

Jimmy Saville, Rolf Harris - neither had any convictions both had access to the highest levels of power

 


the dignified don't even enter in the game

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jamiemartin721 Flag Reading 25 Jan 16 10.40am

Its been an issue of contention in UK law for a long time, how long a criminal conviction for minor offences should remain on record as relevant, and the cost that this inflicts on individuals and society. Its finally come to a head, but even back in 1999 when I was working in the Court system, there was an awareness among the judiciary that this was probably unfair.

Its also been an issue where people have lost their jobs, notably where jobs have increasingly demanded criminal record background checks, where they once wouldn't have. Its been used by companies to justify letting people go when new owners have come in, even when the person has no complaints.

A good example: Someone I know was convicted of intent to supply when they were 18 and got six months. About six years after release they got a support job in the NHS IT. Then at 28, ten years after being release, the department was outsourced and taken over, and a requirement became passing a CRB check.

There are also cases where people have been deliberately 'exploited' in terms of promotions and pay rises, because employers know they can't leave or go elsewhere, even though they've not committed an offence in over a decade.

A lot of these people were just unlucky, doing things that plenty of people got away with.

Its worth noting that this applies to minor offences, rather than serious offences, and particularly where it affects people who haven't been in trouble since.

 


"One Nation Under God, has turned into One Nation Under the Influence of One Drug"
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Kermit8 Flag Hevon 25 Jan 16 11.05am Send a Private Message to Kermit8 Add Kermit8 as a friend

Quote Y Ddraig Goch at 24 Jan 2016 11.59am

Quote coulsdoneagle at 23 Jan 2016 5.00pm

I think it should be up to the employer to know whether who they employ has a history of criminality. Whether they work with children or not.

If I'm an employer and there are 2 guys both good candidates, equal skills, but one has assaulted someone, stolen or drunk driven then I want to take that in to consideration.

Why should people be able to hide their actions on the basis that it is in the past.

Jimmy Saville, Rolf Harris - neither had any convictions both had access to the highest levels of power


Noel Edmonds?

 


Big chest and massive boobs

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Stuk Flag Top half 25 Jan 16 2.23pm Send a Private Message to Stuk Add Stuk as a friend

Quote johnfirewall at 23 Jan 2016 10.16am

Can everyone who's ever been refused a job on that basis sue then?

[Link]

I had a mate near Gatwick who'd been done for nicking a chocolate bar and no one in the airport would touch him as being a sensitive location they all conducted checks.

A lawyer just explained that this was only justified in a financial role in a company and not for example working on a checkout but I had another mate refused a job he'd been offered at a bank as he'd missed a couple of credit card payments.

Surely they're 'arbitrary' by nature when it's a teaching assistant job the judge is talking about where absolutely everyone in the school will be checked.


The funniest part about that is when people who work at the airport get caught nicking things at work, their employers get rid of them but try as hard as possible to not have them charged for it.

 


Optimistic as ever

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jamiemartin721 Flag Reading 25 Jan 16 4.02pm

Quote Stuk at 25 Jan 2016 2.23pm

Quote johnfirewall at 23 Jan 2016 10.16am

Can everyone who's ever been refused a job on that basis sue then?

[Link]

I had a mate near Gatwick who'd been done for nicking a chocolate bar and no one in the airport would touch him as being a sensitive location they all conducted checks.

A lawyer just explained that this was only justified in a financial role in a company and not for example working on a checkout but I had another mate refused a job he'd been offered at a bank as he'd missed a couple of credit card payments.

Surely they're 'arbitrary' by nature when it's a teaching assistant job the judge is talking about where absolutely everyone in the school will be checked.


The funniest part about that is when people who work at the airport get caught nicking things at work, their employers get rid of them but try as hard as possible to not have them charged for it.

This is true of many employers in general (and especially true in retail - where at least half of the stock lost is to staff members rather than shoplifters). I worked a few places where it was generally accepted that staff could 'tax' a reasonable amount of goods, provided they ensured people they knew didn't steal and they also shopped in store where possible.

Remember once seeing a store manager loading up his car with what must have been several hundred pounds worth of books and merchandise (at cost to us) - Easily a grand's worth of stock - some of which he'd specifically ordered.

 


"One Nation Under God, has turned into One Nation Under the Influence of One Drug"
[Link]

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Stuk Flag Top half 25 Jan 16 4.07pm Send a Private Message to Stuk Add Stuk as a friend

Quote jamiemartin721 at 25 Jan 2016 4.02pm

Quote Stuk at 25 Jan 2016 2.23pm

Quote johnfirewall at 23 Jan 2016 10.16am

Can everyone who's ever been refused a job on that basis sue then?

[Link]

I had a mate near Gatwick who'd been done for nicking a chocolate bar and no one in the airport would touch him as being a sensitive location they all conducted checks.

A lawyer just explained that this was only justified in a financial role in a company and not for example working on a checkout but I had another mate refused a job he'd been offered at a bank as he'd missed a couple of credit card payments.

Surely they're 'arbitrary' by nature when it's a teaching assistant job the judge is talking about where absolutely everyone in the school will be checked.


The funniest part about that is when people who work at the airport get caught nicking things at work, their employers get rid of them but try as hard as possible to not have them charged for it.

This is true of many employers in general (and especially true in retail - where at least half of the stock lost is to staff members rather than shoplifters). I worked a few places where it was generally accepted that staff could 'tax' a reasonable amount of goods, provided they ensured people they knew didn't steal and they also shopped in store where possible.

Remember once seeing a store manager loading up his car with what must have been several hundred pounds worth of books and merchandise (at cost to us) - Easily a grand's worth of stock - some of which he'd specifically ordered.

Which is, sort of, fair enough if they're nicking off the employer. It's their loss after all.

When it's the passengers, commercial freight and insurance that's suffering the losses, and they just want to save any bad press for the employer, it's taking the piss.

 


Optimistic as ever

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