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Should I have been honest about my conviction?

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    Should I have been honest about my conviction?

    Hi there,

    Before anyone berates me, have had a read of the SC sticky but I can't seem to find a situation like mines.

    Basically I have been employed in the UK by a list X company as a permanent employee since 2008. However in 2012 I was convicted of possession of a class A drug where I was given a fine. I was told at the time by 3 different lawyers all paid for by myself(you can see how paranoid I was), that it was best to not tell my employer at the time about my conviction.

    However this is something that Has always worried me the longer I stay with this company. My SC is due to be renewed in 2018 and my conviction is now spent under recent rules. However, do you think I should've just been honest with my employer? I get the feeling that when my renewal comes up and I tell them that I had this conviction that they will be annoyed that I wasn't honest at the time about it and that I will get inevitably sacked.

    Any advice would be great thanks.

    #2
    If you haven't been caught now I suggest you follow your solicitors' advice.

    Especially if the conviction is spent.

    If you get SC cleared elsewhere then admit it.
    "You’re just a bad memory who doesn’t know when to go away" JR

    Comment


      #3
      I don't believe normally you are obliged to tell an employer about a conviction unless they specifically ask or unless it directly affects your ability to do your job i.e. having your driving licence endorsed if you are bus driver...

      That said working in security environment might be a different kettle of fish. Your honesty is part of you doing your job so if that's been questioned you'd think you should be disclosing. I'd check your contract and possibly see if you can send an anonymous mail to HR to see if they can clarify the situation. Did the lawyers see your contract when they gave their advice? If nothing comes up in your contract and HR say no you don't then you are off the hook.

      You will have to disclose it next time you apply or anytime you are asking about your convictions by your employer.
      'CUK forum personality of 2011 - Winner - Yes really!!!!

      Comment


        #4
        Originally posted by northernladuk View Post
        I don't believe normally you are obliged to tell an employer about a conviction unless they specifically ask or unless it directly affects your ability to do your job i.e. having your driving licence endorsed if you are bus driver...

        That said working in security environment might be a different kettle of fish. Your honesty is part of you doing your job so if that's been questioned you'd think you should be disclosing. I'd check your contract and possibly see if you can send an anonymous mail to HR to see if they can clarify the situation. Did the lawyers see your contract when they gave their advice? If nothing comes up in your contract and HR say no you don't then you are off the hook.

        You will have to disclose it next time you apply or anytime you are asking about your convictions by your employer.
        It is, my other half had Met Police clearance.
        You had to list all convictions, on there, spent or not.
        The Chunt of Chunts.

        Comment


          #5
          Thanks for the replies so far, much appreciated. I actually did have a look over my contract when I joined and there was nothing explicit that stated that I would need to inform them of any change in circumstance related to convictions. This was another reason that I decided not to tell them at the time, as well as the advice from my solicitor(s).

          I reckon that is a good idea though to anonymously email hr. There is also an ethics hotline which I can phone anonymously so I might give that a go and see what advice they give me.

          Comment


            #6
            Originally posted by MrMarkyMark View Post
            It is, my other half had Met Police clearance.
            You had to list all convictions, on there, spent or not.
            Correct but the question is what does he do if he gets a conviction during his employment. Should he declare or wait until he is asked...

            I've found something which makes me think he needs to ask his employer what to do and not a bunch of lawyers though. It may not be related directly to his situation but it sets some pretty loud alarm bells ringing IMO...

            What happens after I have been given a security clearance?
            Your security clearance will be subject to regular review. It is important that you maintain the standards of security expected and notify any changes in your personal circumstances (e.g. marriage, change of partner, criminal convictions, etc.) to your vetting authority. Your security clearance will normally lapse once you have completed the work for which the clearance was granted.
            https://www.gov.uk/government/upload...y_Controls.pdf

            I'd say it's time to speak to you employer, anonymously if possible.
            'CUK forum personality of 2011 - Winner - Yes really!!!!

            Comment


              #7
              Say nothing until you move elsewhere.

              Comment


                #8
                Originally posted by northernladuk View Post
                Correct but the question is what does he do if he gets a conviction during his employment. Should he declare or wait until he is asked...

                I've found something which makes me think he needs to ask his employer what to do and not a bunch of lawyers though. It may not be related directly to his situation but it sets some pretty loud alarm bells ringing IMO...



                https://www.gov.uk/government/upload...y_Controls.pdf

                I'd say it's time to speak to you employer, anonymously if possible.
                Good post..
                The Chunt of Chunts.

                Comment


                  #9
                  His employer will sack him.

                  There are loads of cases that don't involve SC where employees are sacked when they disclose previous convictions. They are sacked for being dishonest and lots of employment contracts have clauses that allow an employer to do this.

                  Personally I would look for another job outside the SC area so I would never have to disclose it and resign while keeping my mouth shut.
                  "You’re just a bad memory who doesn’t know when to go away" JR

                  Comment


                    #10
                    Originally posted by SueEllen View Post
                    His employer will sack him.

                    There are loads of cases that don't involve SC where employees are sacked when they disclose previous convictions. They are sacked for being dishonest and lots of employment contracts have clauses that allow an employer to do this.

                    Personally I would look for another job outside the SC area so I would never have to disclose it and resign while keeping my mouth shut.
                    Sounds like a worse case scenario to me. I would wait and see what happens.

                    BTW Finance tends to have rules as strict as SC.

                    Comment

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