Criminal Waiver

[Knibbler]

Hi

I'm being asked by my agency to sign a criminal waiver form, essentially stating that I don't have a criminal record and I'm not under investigation. No one else I’ve talked to has been asked to sign anything similar. The form itself is a little amateurish, i.e. it’s not a standard form they ask everyone to sign and they’ve added failure to sign will “result in termination of the contract”.

Now to the best of my knowledge I’ve no convictions for anything other than driving offences. There may be a couple of spent “being a drunken nobend” entries from my youth and a caution but nothing I would want to hide.

I'm a little concerned that it's only me that's been asked to sign this form (although it's stated that all contractors here need to sign one). Admittedly I'm the only one here that has been placed by this agency, I still find this a little wired though.

My questions are:
Can they terminate my contract if I refuse to sign?
and
What are the ramifications of me signing?

Cheers.
K

[ratewhore]

Ignore it...

[EvilWeevil]

Can a company have a criminal conviction?

[XLMonkey]

Can they terminate my contract if I refuse to sign?
Not using the letter they can't (since it wasn't part of your original contract, you aren't bound by it unless or until you sign it). However, they may be able to terminate your contract anyway (e.g. by giving you notice).

What are the ramifications of me signing?
probably none, actually. Its common practice to require individuals working on sensitive information to be required to confirm that they haven't got any convictions/adverse history. It only impacts your IR35 status if there are other things in the document that suggest that you are an employee of the agency or end client. For this reason, it is probably better for you to write your own letter stating that you have no convictions, rather than signing the one that they have drafted.

[The Lone Gunman]

My standard advice on anything like this is always the same.
They are probably covering their own arses for some reason.

Write them a letter essentialy covering what they need from your company.

e.g. <company name> warrants that <employee name> has no convictions or outstanding investigations which are of any consequence to <company name> or any of their clients.
<company name> will indemnify its clients and agents against any costs should this information prove to be false.

Have it signed by one of your directors in that capacity.

**NOTE: I am not qualified to give this advice.

[Bluebird]

Can they terminate my contract if I refuse to sign?
Not using the letter they can't (since it wasn't part of your original contract, you aren't bound by it unless or until you sign it). However, they may be able to terminate your contract anyway (e.g. by giving you notice).

What are the ramifications of me signing?
probably none, actually. Its common practice to require individuals working on sensitive information to be required to confirm that they haven't got any convictions/adverse history. It only impacts your IR35 status if there are other things in the document that suggest that you are an employee of the agency or end client. For this reason, it is probably better for you to write your own letter stating that you have no convictions, rather than signing the one that they have drafted.

Or write a letter from Your Co confirming that Your Co's Employee [ thats you ] does not have or ever had [ to the knowledge of your co ] and criminal convictions past or pending.

[Knibbler]

cheers chaps.