Investigation Work Interview

by pipsaholic Fri Mar 09, 2018 9:53 pm

Hi,

I have been suspended for 3 days from work due to my previous conviction? Can my employer legally do this after giving me a new job?

Also, I may need to attend an Investigation interview to establish the facts.

Has anyone been down this road before? Can my employer or HR department contact the DBS/Police/Courts to get further information on the details and the police/court report on my conviction without my consent or could they ask me?

I think usually they check if a conviction is spent or unspent how serious it is and decide from there.

by **assassin** Sat Mar 10, 2018 2:54 am

It depends upon your contract or the terms and conditions you are employed under, and if your job is on a trial basis or period, then if so they simply say your trial was unsuccsessful as in many jobs they have large numbers of applicants.

Po-lice cannot disclose any previous convictions, and the spent period depends upon the offence to determine a time limit for it being spent.

Courts are courts of public record and anyone can attend a court to hear anyones case in most, but not all instances, and as court reporters are few they get a synopsis of the days hearings from the courts, usually to print in the papers and they do not neeed your consent.

In many cases they do searches on your name and it comes up with newspaper records of any trials and convictions, it comes up if you are on social media, and a host of other things.

I would suggest you attend this interview and say NOTHING and ask them for a full printed list of all their claims and/or allegations and speak to a Human Rights expert.

by pipsaholic Sat Mar 10, 2018 7:51 am

its a 5 month fixed term however other staff have said they always extend it as they need more staff all the time.

Employers can make checks but how far do the checks go is the question? Is it just the name, code or dates and sentence details they have access to or do they have the same access as you do like a subject access request full details of your conviction people involved what you said at the police interview at court?

Will saying nothing not get you the sack? So, you would speak to a human rights expert over your own solicitor?

by Little D Sat Mar 10, 2018 8:19 am

Ex-offenders and employment

https://www.gov.uk/exoffenders-and-employment

Employers can’t turn someone down for a job because they’ve been convicted of an offence if the conviction or caution is ‘spent’ - unless an exception applies.

Job applicants don’t need to tell potential employers about spent convictions or cautions.

Apply to check someone else's criminal record

https://www.gov.uk/dbs-check-applicant-criminal-record

1. When to check someone else's criminal record

Employers can only check the criminal record of someone applying for certain roles, for example in healthcare or childcare.

This is known as getting a Disclosure and Barring Service (DBS) check.

by pipsaholic Sat Mar 10, 2018 10:04 pm

What's the difference between a regular solicitor and a human rights expert?

I know that majority of criminal defense lawyers are in the same club as the prosecutors and sheriffs but unsure about human right experts who do they work for in the UK?

by **assassin** Sun Mar 11, 2018 2:35 am

Many are general solicitors who do many things and don't specialise in any particular field and get by on basic work such as property conveyancing or drawing up wills and registering them to name a couple.

Criminal defence solicitors specialise in criminal defence of alleged criminals and that is their speciality and know much more about criminal defence than a general solicitor.

Similarly, a Human Rights expert is usually a solicitor specialising in human rights and will be much more knowledgeable then a general solicitor or a specialised criminal defence solicitor in the field of human rights and everything associated with it.

by pipsaholic Sun Mar 11, 2018 9:13 am

Are human rights lawyers rare and hard to find must be more expensive per hour as well? Can you get legal aid to pay for a human rights lawyer if on state benefits?

by **assassin** Sun Mar 11, 2018 8:24 pm

Yes, they also evaluate the case and they have insurance companies which underwrite the costs of a case and fund them for you and when you win they take a percentage of the winnings.

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