need some advice :)

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Jordan777

Jordan777

Jordan777

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Cheshire
hey

right so i got a new job with barclays as a IT Engineer this month. Anyway on my application it said the below
1. Do you have any criminal convictions, which are not treated as ‘spent’ under the Rehabilitation of Offenders Act 1974? If yes, please give details further below of the offence committed, the date of the conviction and any sentence passed.

Back in December 2011 i stupidly kicked my GF car and i got a 12 month Conditional Discharge what after 12 months would be a spent conviction. well basically my work have surspend me after a CRB Check and asked me why i never put it on my application. So i advised them after 12 months i dont need to disclose it as its a spent conviction and on the application form it says

"1. Do you have any criminal convictions, which are not treated as ‘spent’ under the Rehabilitation of Offenders Act 1974?"

so i clearly put no ..

Anyway today i went to my Solicitors and got this letter wrote up to provide Evidence that its spent conviction and that i did not need to disclose it on my application

Further to our telephone conversation earlier today, when you rang concerning the failure to disclose a
previous conviction relating to an offence of criminal damage.
Under the Rehabilitation of Offenders Act 1974, that conviction is spent once the period of discharge has
ended. This Order was made on the 30ft January 2012by South Cheshire Magistrates Court for an offence
of criminal damage. The period the discbarge ran was for 12 months. On the conclusion of that period and
provided no further offences were committed in that period of time (which we understand were not) then
there is no compulsion upon you to disclose that conviction.
We can confirm that for the purposes of the Rehabilitation of Offenders Act that the Conditional Discharge
is now a spent conviction.

what you guys think and where do you think i stand? do you think i have a right to return to work ?
 
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I think you're lucky not to be working for Barclays! Just my opinion of course, but they are easily the worst high street bank I've ever used. I had an account for many years and, after a myriad of ongoing problems, I ended up closing it (the first time I've ever closed an account). Seriously though, from what you've provided, you seem to be in the right.
 
I would say you do have a right to return to work. I would be inclined to include a cover letter along the lines of:

I have sought legal advice on this matter. Please find enclosed a letter from my solicitor (*name and address of solicitor here*) which states that the conviction was indeed spent. As such it was not a requirement for me to disclose this information. The question asked was whether I had any unspent convictions. At the time of completing the questionairre I answered this question both accurately and truthfully as evidenced.

Further to this I kindly request that I am re-instated, or that you give the grounds for which I am not being re-instated.
 
As far as i am concerned you have given the right answer in the eyes of the law. Also i would be seeking any or all financial expenditure you have had and loss of wages....
 
I want to know why the OP kicked the car.

Was it:

A) The car kicked you first
B) Your girlfriends was having an affair
C) You are having an affair (with the car)
D) She is having an affair with the car
E) All of the above
 
Well I only started a week Wednesday just gone so only been there a week. What you guys think I should do ? My ordered finished in jan ?
 
Have you kicked some cars whilst you've been working there? Is that why they're trying to get rid of you?
 
No no I kicked my Mrs car at home back in December 2011 after I found her cheating on me but i went court and got a discharge but I have just changed jobs to work at Barclays and its showed on my crb check ( read above post to explain)
 
I've worked for this company in the past, as well as several similar companies. Their checks are quite stringent and do sometimes complete after you have started work. I would imagine that a suspension pending investigation is fairly standard practice when something is uncovered that has not been disclosed.

Technically you have not done anything wrong as the conviction is spent. So again technically they should not be able to dismiss you. So be open and honest and explain that you answered the question truthfully and accurately.

However as you will be on a probation period for the first few months it is still possible for them to release you even if you have done nothing wrong. So be polite at all times and don't "kick off".
 
Even if they fess up to the mistake, which I doubt they explicitly will, they can easily get rid of you if you've only been there a week.
 
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