Discriminated for a declared unspent conviction

[clare299]

I am currently fighting a financial institution employer. I filled out my application on-line, then was successful at telephone interview, then offered a position after attending a four hour assessment centre.
The applications asked if I had any un-spent conviction, which I declared this on the application, a simple breach of the peace five years ago, and outline the fine I received. - - Most important part—at the telephone interview stage I was not asked if I had any unspent conviction --- then was offered the job.
After this the vetting team advised they could not offer me a position based on my conviction, yet these were declared from day one, if this had been asked at the telephone interview stage, then the whole process would have been halted. Is this a legal requirement to mention this at telephone interview, if at a later date it is discriminated upon.

I was offered the position starting the 16th January 2012 and had to go through an appeal process due to my criminal convictions, which halted the whole process. They have not admitted they had failed me within the recruitment stage and offered me a goodwill gesture of £500, they now ask candidates at telephone interview stage if they have any unspent convictions. As All banks ask this and it’s usually the first question which is asked.
I am willing to take this the whole way and would appreciate if anyone can clarify if I have a case, as I was not asked at telephone interview stage if I had unspent convictions, then offered a job, then put through a three month appeal process for something I had declared from day one.. Any help would be greatly appreciated

 

[OldWelshGuy]

Take them all the way to where and for what? What exactly are you hoping to get? You appear to have given a few hours of your time, they have offered to compensate this to the tune of £500. Was there any mention of convictions on any application forms? I am at a loss as to why you feel you are entitled to money for failing to meet the criteria. £500 seems enough IMO

 

[Big Pete]

I agree as above ,but would add i think the £500 is way to much and reckon you should give £ 425 back ..

 

[clare299]

they offered me a position on the 16th January, this was then delayed until the 26th march due to having to go through an appeal etc. There is certain criteria employers should follow, if they wish a disclosure to take place.

I Initially wrote this on my application, was not asked at telephone interview stage was offered the position to start on the 16th January, after passing my four hour assesment centre, then when the vetting team got hold of my application, this is when they questioned it, why offer me a job after 1 hour interview plus 4 hour assesment centre.

There should be some sort of law, as if this was mentioned at telephone interview stage, after initial application, I would not have had to go through an appeal procedure and if a disclosure of convictions is going to go againt you, Then by LAW they have to make you aware that any unspent convictions may go against you or a disclosure carried out. I was hones from day one and put my conviction of breach of the peace five years ago, yet they allowed me to go through the whole process. I have previously applied to Tescobank and it was the first question they asked at telephone interview stage, so there must be a LAW regarding this.

 

[OldWelshGuy]

you seem to like the LAW

I ask again what exactly do you feel you are entitled to?

Are you saying that at no time did they ask you about any convictions?

it seems to me that all they have done wrong is fail to carry out due dilligence on a basic level at an early enough stage. for which they have offered compensation at what I would consider to be a fair amount (overly fair in fact).

You applied for a job, they turned you down, yet you immediately appealed and now want to go legal on them. Fair play to you, not asking for much are you.

All of this stems from the fact you have a conviction, sadly it is the price paid for breaking the law. Crime and punishment, this sadly is part of the punishment for your actions.

I really feel for you with regard the fact you thought you might have had the job and then didn't get it. But this is the real world. And to be honest if your attitude is that there should be a law and you should get money and they should pay, I think they got off lightly, because had they have employed you I fear you may have been a nightmare employee.

you have to understand that this is a business forum. Most of the people on here are self employed or employers or both.

 

[Silky]

Take them all the way to where and for what? What exactly are you hoping to get? You appear to have given a few hours of your time, they have offered to compensate this to the tune of £500.

For a few hours of your time, £500 is bloody good going if you ask me - I suspect it eclipses the rate of the roles on offer.

Your application hasn't been continued because you broke the law. Not because of your colour or your gender or something you had no choice in nor control over. While the breach of peace may be a minor incident, unfortunately it's an employers' market at the moment and they can be very choosy.

 

All of this stems from the fact you have a conviction, sadly it is the price paid for breaking the law. Crime and punishment, this sadly is part of the punishment for your actions.

I believe this is the banking industry being refered to.?

I would have thought they would welcome her with open arms.

I think its ridiculous that minor infringements done many years ago should have to be disclosed or held against a persons.

Earl



Earl

 

[pen2670]

I do feel for OP.

She applied for a job, put her conviction on the application form and was offered the job.

I believe she was right to then complain when they rescinded the job offer.

However, £500 sounds a very generous apology so unless OP actually gave up another job in preparation for starting this one in my opinion it's time to drop it.

OP, look on the brightside your conviction's almost spent, you've proved you are employable and have an extra £500 in your back pocket!!!!

 

[OldWelshGuy]

I do agree with what has been said, hopefully you can take the money accept it for what it was, and move on

 

[Suzuki]

Take the money and run, like the criminal you are.

 

[JEREMY HAWKE]

A lesson to everybody if you want employment dont go out and be an ******* !!!
If you plan to run your own business your going to be too busy to be going out and involving yourself in riots punchups and any other acts of urban terrorism !!!

Its a clear example of people in this country refusing to take accountablity for their actions .You cant go out in the community and break the law .Yes five years ago you were a clever hard nut getting caught by the police .Some people are even proud of their asbos. !!
Unfortunatly there are always victims that you dont see and the rucks that go on in the street mean that many old people are now too scared to go out at night .

Breaking the law and making your community an unstable place to dwell deserves implications .
Many people that enjoy doing these crimes normally say five years down the line that it was not their fault , the police got it wrong , nobody understands and so on .!!!

Please dont try to profit from the misfortune you cast on other people five years ago !
Why not make your CV look better by putting something back in the area where you live Get something new up an running We found starting the local boxing club took young people off the streets at the same time we formed a running club One of the coaches took his training certs then left his job to start an online sportwear shop based here . !!!. You have learnt nothing in your five years its a terrible shame but not your fault as its the culture in our country .

You could turn yourself into a really good asset for a company

 

[Ding Dang Doo]

All getting a bit personal here...

To the OP, it's their ball... They asked you to come and play with them, then realised that you weren't allowed to because you had been naughty when you were a bit younger... Their mummy and daddy say that they aren't allowed to play with people have been naughty, even if it was a long time ago. So they have offered you an ice cream by way of saying sorry. You don't want the ice cream, so you are going to call the police and ask them to put them in jail for not letting you play with their ball.

Take the ice cream, if it is not too late.

 

[Doodle-Noodle]

Just accept the £500 - you obviously feel you have been treated unfairly but I think under the circumstances their offer is more than reasonable. If you were to refuse this apology and try and take it to court (if you could find anyone to represent you) it's highly unlikely a court would award you anything more than the amount already offered, even if they didn't throw the case out completely.
You risk having your name in the papers, the case would attract lots of comment from members of the public, possibly be picked up by the national papers etc and you could find yourself a target for all sorts of unpleasantness which will not help you find employment with anybody else.
Cut your losses, be grateful for the £500 and get on with your life. Don't push your luck on this, you could live to regret it.

 

[DaveDAC]

Clare, £500 seems a very good deal to me. I am not sure why they offered it. I am not aware of any legal requirement to pay this. So I would be quite pelased with the offer if I were you. Perhaps someone with expertise in employment law can give their thoughts on why they offered the money?

You have said a couple of times that they discriminated against you on the basis of the conviction and there must be a law against this. The discrimination laws do not cover a situation like this. More information can be found at www.discriminationadvice.co.uk about what they do cover.

As many people who post here would agree, the most important thing about a situation like this is moving on. There is rarely a fully satsifactory and / or practical legal remedy, so you need to take a small win like the £500 as a genuine bonus and get on with your job hunting.

 

[Suzuki]

Come on that's taking the pish, how do you know what the conviction was for?
If me and you have a row we can both be arrested and convicted of a breach of the peace. I'm sure you have never speeded or remotely cone close to breaking the law. Well unfortunately I have but I hardly think of myself as a criminal.
I think your comment was uncalled for tbh

Well what do you expect... they're on an employers forums looking to screw over an employer with an absolute disgrace of a discrimination claim.

 

[arcon5]

A lesson to everybody if you want employment dont go out and be an ******* !!!
If you plan to run your own business your going to be too busy to be going out and involving yourself in riots punchups and any other acts of urban terrorism !!!

Its a clear example of people in this country refusing to take accountablity for their actions .You cant go out in the community and break the law .Yes five years ago you were a clever hard nut getting caught by the police .Some people are even proud of their asbos. !!
Unfortunatly there are always victims that you dont see and the rucks that go on in the street mean that many old people are now too scared to go out at night .

Breaking the law and making your community an unstable place to dwell deserves implications .
Many people that enjoy doing these crimes normally say five years down the line that it was not their fault , the police got it wrong , nobody understands and so on .!!!

Please dont try to profit from the misfortune you cast on other people five years ago !
Why not make your CV look better by putting something back in the area where you live Get something new up an running We found starting the local boxing club took young people off the streets at the same time we formed a running club One of the coaches took his training certs then left his job to start an online sportwear shop based here . !!!. You have learnt nothing in your five years its a terrible shame but not your fault as its the culture in our country .

You could turn yourself into a really good asset for a company

How exactly is this somebody not being accountable for their actions? This is merely somebody who has been messed around, obviously angry and want's some comeuppance - unfortunately I have to agree £500 is generous enough!

Sorry, but this whole post is a load of cr*p! You don't have a clue what happened, so how on earth you feel you can be so judgmental is beyond me.

 

[Suzuki]

We don't *need* to know the details of the crime and conviction. No matter what it was, its not discrimination is it? Its completely an employers decision whether they want to employ crooks or not.

This thread is about as idiotic as someone saying they're being 'discriminated against' for not having a degree and applying for a grad position.

 

[Charlie B ACS]

The applications asked if I had any un-spent conviction, which I declared this on the application, a simple breach of the peace five years ago,

Perhaps if Suzuki & Jermey Hawke actually read the OP, they could stop with the unfounded speculation!!!!!!!!!!!!!!!!

OP: All things considered however, i tend to agree £500 is a fair resolution.

 

[Charlie B ACS]

We don't *need* to know the details of the crime and conviction. No matter what it was, its not discrimination is it? Its completely an employers decision whether they want to employ crooks or not.

This thread is about as idiotic as someone saying they're being 'discriminated against' for not having a degree and applying for a grad position.

Might I suggest before you throw about "Idiotic" you read the OP!

 

[Suzuki]

Perhaps if Suzuki & Jermey Hawke actually read the OP, they could stop with the unfounded speculation!!!!!!!!!!!!!!!!

OP: All things considered however, i tend to agree £500 is a fair resolution.

I read the original post. But its just nonsense to shout 'discrimination', in fact its a dis-service to people who have been legitimately discriminated against.

Yes the employer could have a better system in place to save even wasting their time interviewing criminals if they don't want to employ them. But this in no way deserves £500 compensation.

This culture of discrimination, compensation and always someone else to blame for absolutely everything really annoys me.

 

[Big Pete]

I read the original post. But its just nonsense to shout 'discrimination', in fact its a dis-service to people who have been legitimately discriminated against.

Yes the employer could have a better system in place to save even wasting their time interviewing criminals if they don't want to employ them. But this in no way deserves £500 compensation.

This culture of discrimination, compensation and always someone else to blame for absolutely everything really annoys me.

I agree .. if they have any morales they should give £475 back to them as £25 compensation is more than right ..

Its this crazy new world no matter what, its always someone elses fault isn`t it

 

[Dan@Printwell]

@ OP,

It is known that most employers will ask you about criminal conviction ect, and the finance industry are very tight on such matters. I have several friends in the banking sector who are well aware a criminal record could cost them or certainly hamper their career. Taking all this into account you must have known deep down that you were going to find it very hard finding work in that industry, in fact you tell us it was the first question Tesco bank asked you.

It seems you are disappointed that you did not get the job after thinking you had struck lucky knowing the odds were stacked against you, but you didn’t and you should have always been prepared for this scenario.

Pick yourself up and get back on with life, as the short answer is NO one owes you anything.

 

What a lot of sanctimonious responses.

So come on own up how many of you have been guilty of a breach of the peace,whether charged or not.?

No one gets past there teens without commiting that offence or worse.

Every day millions of mobile phone users commit a breach of the peace shouting ther heads off in public places.

should all be hanged.IMHO.

This is supposed to be a business forum ,not the boy scouts.

Disgusting what a vindictive stupid lot there are in society.The OP may have made an excellent employee,but the ignorant were not even prepared to eximine her suitability.

Thick don't come into it.:|

and 500 quid for 4 hours wasted and other waiting time would cost a lot more than that if it were me.

Earl

 

[E Storey]

I think the OP mentioned breach of the peach and a fine, the offence being 5 years old.

I would expect that to mean it is spent, but may be wrong.

A big financial employer would probably have a policy on not automatically baring someone from a job because of a conviction but would look at each case on its merits.

If, when asked to explain the offence, the OP has said something like, I saw 6 thugs beating up an old lady so gave them a clip around the ear, but was eventually convicted of it .... (s)he would probably still have been offered the job.

Likewise, if they said when I was 18 I stupidly got drunk and got caught urinanting in an allyway .... I deeply regret such a stupid action and the impact it has had on my life .... I think they's still offer the job.

Kudos to the OP for being honest. I'm sorry that things didn't work out this time, but running to the courts will not help you move on from your past.

If instead of threating legal action, had you written to the head of HR and the equal ops officer, stating it was a long time ago etc etc.... and you feel they were not being inclusive.... You might have grasped the job even after the offer had been withdrawn.

Moving forward, please check if you need to declare this conviction and practice how you are going to handle questions about it in the future so that you turn it into a positive thing rather than a hinderance.

If you like you could draft some explanitory letters here for us to comment on! It would be a much better use effort that trying to sue someone in a case you are unlikely to win, and even if you did win, would probably cause you further hinderance in your career.

 

[Doodle-Noodle]

LOL! Can't imagine the OP will come back here after some of the things that have been said!

 

[visagephoto]

Well what do you expect... they're on an employers forums looking to screw over an employer with an absolute disgrace of a discrimination claim.

Well I'm surprised I'm allowed on here, I thought it was a business forum

 

[clare29]

I decided to take the £500 as compensation, Thanks to those who were Supportive, and gave constructive feedback

To those who replied insinuating I was a criminal (Suzuki) and the other idiotic person (JEREMY HAWKE) who was going on about riots etc. I actually found your post hilarious; do you reside on planet earth?? And others, but guess what, I'm not wasting my energy typing their names :|

Take a look at your own life "what goes around, comes around", I think those with insulting comments upon this post 1) have no real life experience, and proberly live within a bubble, 2)Find it easy to pass judgement, take a look in the mirror, is your life perfect. I very much doubt it.

With negative and judgemental opinions such as this; I view you worse than a criminal and so far up your own arses, you jump in to judge and criticise others, get a grip, grow up and most importantly get a life!!

Again thanks to all those who seen the post for what it was and posted a reply. Much appreciated.

 

[Suzuki]

To those who replied insinuating I was a criminal (Suzuki)

I wasn't insinuating you were a criminal. I was saying you *are* a criminal, since thats what you are by your own admission

 

[clare29]

I wasn't insinuating you were a criminal. I was saying you *are* a criminal, since thats what you are by your own admission

Please go and get a life, you must be a very sad person lmao.

Good luck in future relationships, I see many people avoiding you in the future as you are full of judgement and basically a silly wee man

I wont be wasting any further time responding to your Sad (but funny posts)

Good luck for your future, you will need it pmsl........

 

[Suzuki]

Good luck for your future, you will need it pmsl........

I'm unsubscribing this thread anyway but find it funny that someone who is middle aged but unemployed and unemployable thinks that its me thats going to need the good luck...

 

[clare29]

I'm unsubscribing this thread anyway but find it funny that someone who is middle aged but unemployed and unemployable thinks that its me thats going to need the good luck...

I suggest you do unsubscribe lol! Give us all peace.

Again another judgmental view I dont view 30 as middle aged, you silly billy

 

I wasn't insinuating you were a criminal. I was saying you *are* a criminal, since thats what you are by your own admission

If you drive a car then there is a great chance you are a criminal.

I have yet to meet a driver who did not admitt to breaking the law.

Be it speeding,jumping a light or dangerous driving.

They may not have been prosecuted for these offences.

But any driver who says they have not commited one of these offences is a liar.

and of course the consequences of such behaviour is much more serious than a breach of the peace.

Earl

 

[Big Pete]

I decided to take the £500 as compensation,

Again thanks to all those who seen the post for what it was and posted a reply. Much appreciated.

erm extract from original post below ...

I am currently fighting a financial institution employer.
I am willing to take this the whole way

The fact that you are going the try the screw them for money routine is the point in question in my book... you was given £ 500 way over the top as a freebie..

But nope as you say "I am currently fighting a financial institution employer.
I am willing to take this the whole way " now you accept the £500 and act like your something special.. and attack decent members here ..

This is an employers forum not the sponging screw what you can forum for people who seem to think the world and any employer owes them a living or indeed a job ..

enjoy your unearned 500 quid and make sure you declare it to the tax man , highly unlikely right ?

 

[clare29]

Thank you again for your comment and yes I agree with you.

Some people are far quick too judge, they obviously have not learned the gift of accceptance and forgiveness. Im glad I have learned from my mistakes.

These judgemental people will be like that for the rest of their. My conviction is spent in June this year, however these negative folk may have many years left in existence. Unfotunately their attitudes will never be SPENT.

I would rather have broken the law on a minor level, admitting it, learning from it and moving on, sadly alot on here wont be able to move on and will always be the sad judgemental people they are today.

 

I would rather have broken the law on a minor level, admitting it, learning from it and moving on, sadly alot on here wont be able to move on and will always be the sad judgemental people they are today.

Afraid you are wrong Clare.

Its lack of electrical impulses that cause the problem.:|

Earl

 

[clare29]

CALM down dear its only a commercial lol

Your comments are both amusing and somewhat all over the place.

Go get a nice cup of tea, you pipe and snuggle up, or watch the television, I dont really care and to boot you have a terrible attitude, but a funny one all the same:redface:

 

[Big Pete]

CALM down dear its only a commercial lol

Your comments are both amusing and somewhat all over the place.

Go get a nice cup of tea, you pipe and snuggle up, or watch the television, I dont really care and to boot you have a terrible attitude, but a funny one all the same:redface:

always calm .. and am watching TV .. no pipe though ..
just setting the record straight from you are gonna do whatever it takes ie' to screw some more money from them to all sweet and innocent in one thread ..

just about sums up the new generation i reckon

 

[Bruvver]

Clare29 I am with you all the way, are you able to tell us what the 'crime' was ?

 

you are gonna do whatever it takes ie' to screw some more money from them to all sweet and innocent in one thread ..

Bit strange to see that on a forum for business owners.

Earl

 

[clare29]

the crime I committed was a breach of the peace five years ago, technically the crime is only spent 5 years after the actual court date, not the date of crime.

I eventually got to court, after 5 months of commiting the crime and was fined £150.

The conviction will be spend in july, but honesty is a very important trait, I follow. Unfortunately declaring this, resulted in the above. I wasnt in jail lol! as some on here, think i'm a hardend criminal lol!

it was a domestic incident with an ex boyfriend, I have not had any further dealings with the law