Contractor employment prospects following potential criminal conviction

[TheDude]

If you work in financial services you will have a background check for new roles.

Anything unspent that is dishonesty related will exclude you. I know people who have still been offered jobs despite cautions for fighting. Public disturbance/harassment is probably more of a grey area.

[northernladuk]

I think he is trying his best not to get convicted. Ie if he can show the court his career would be catastrophically affected, maybe the court would consider that. Hence the question on any knowledge of an FS or umbrella's likely actions.

If that is the case then answer is, and answers his original question, it may limit him but I should't think it will generally be an issue.

He will only have to declare it if asked, which for many standard roles they don't. So SC, anything with DBS and maybe an adhoc question for clients that need NDAs and a bit extra diligence will need to ask but it's still not a stopper. Even if he does declare it it's not likely to be a limiting factor. We really don't know but I don't think breach of the peace will affect an SC application for example. They will be looking at things that make him open to blackmail or any other type of manipulation as well has honesty type convictions. Breach of the peace doesn't mean he can't be trusted with sensitive data so doesn't necessarily mean he couldn't still get SC.

On the point of catastrophically affecting his career it will only be for a short period. The Rehabilitation of Offenders act says they can be considered spent and not (in most cases) declared after a period. For a non custodial sentence the timer will start when convicted and I believe is currently 1 year. So he might have a bumpy 12 months if I'm not right above and after that he doesn't need to declare it. So hardly catastrophic. Need to check those details though as I'm no expert in this area.

So for his day in court, unless he's willing to bend the truth this won't impact his career (and I'm sure they will know that) and won't limit his ability to get work too much in general IMO.

I'd be willing to bet that his lack of understanding of contracting will be more of an issue than his conviction.

[WTFH]

I think he is trying his best not to get convicted. Ie if he can show the court his career would be catastrophically affected, maybe the court would consider that. Hence the question on any knowledge of an FS or umbrella's likely actions.

He says that he is a data analyst who uses the normal tools. That doesn’t say he must work in FS, or that he needs any kind of security clearance.
It’s his choice to limit where he works as a contractor.

If he could prove that he had qualifications/skills that meant there was nowhere else he could work, then that might be different, but he’s not telling us that. What he’s said is that he only wants to apply for contracts that require clearance.
He’s a contractor, so there’s no career progression he’s missing out on.

[ChadGates]

Can I just check:
1. You currently have a contract
2. You are not currently convicted of anything.
3. You’re trying to work out how a future work offer (that currently doesn’t exist) might be influenced by a future conviction (that currently doesn’t exist)
Is that right?

My suggestion would be to keep working at your contract and do your best not to get convicted (or get the charge reduced). No point on stressing about a load of “what if” scenarios that do not currently exist and may not exist in the future.

I think he is trying his best not to get convicted. Ie if he can show the court his career would be catastrophically affected, maybe the court would consider that. Hence the question on any knowledge of an FS or umbrella's likely actions.

[WTFH]

Can I just check:
1. You currently have a contract
2. You are not currently convicted of anything.
3. You’re trying to work out how a future work offer (that currently doesn’t exist) might be influenced by a future conviction (that currently doesn’t exist)
Is that right?

My suggestion would be to keep working at your contract and do your best not to get convicted (or get the charge reduced). No point on stressing about a load of “what if” scenarios that do not currently exist and may not exist in the future.

[ContractorSince2011]

https://unlock.org.uk/advice/financial-services-sector/

Hi ladymuck, yes, I saw that page but it's more for controlled functions and that's not what I do. I'm a data analyst using all the normal tools. That does mean though I, like all of us, go through Enhanced screening, but not for a controlled function. And I'm more trying to get to the heart of what policies an agency or recruitment firm would have in this regard.

[ladymuck]

https://unlock.org.uk/advice/financial-services-sector/

[ContractorSince2011]

He says he is currently Inside, via an umbrella. Therefore he is an employee.
Certainly in my experience, FS HR depts use the same policies for both permy and contract for general areas like "has a criminal record" -spent or not.

For sure I'm an employee now. And maybe when the govt gets its act together and changes the legislation, I'll go back to being outside. Inside or outside seems less relevant than what the policies are for "has a criminal record" and that's what I'm trying to get to the bottom of. I had to go through an agency to get the current gig and they'll have their own policies as well about whether they would even put me forward for a role. So any insight on this would be appreciated.

[northernladuk]

He says he is currently Inside, via an umbrella. Therefore he is an employee.
Certainly in my experience, FS HR depts use the same policies for both permy and contract for general areas like "has a criminal record" -spent or not.

He's an employee of the umbrella. He's not an employee of the client and they are the ones that provide the work. I very much doubt his question is about his employability to an umbrella because that's not going to bring him any income in.

Can anyone tell me (or signpost me) if I'll be automatically passed over for subsequent inside/outside contracts in FS?

He then says the above so he's clearly not talking about employability to an umbrella.

[ChadGates]

Hopefully the impact will be that you sit down and learn more about what you do. It won't answer the whole question but understanding what a contractor is and what they do will have clarrified much of it.

He says he is currently Inside, via an umbrella. Therefore he is an employee.
Certainly in my experience, FS HR depts use the same policies for both permy and contract for general areas like "has a criminal record" -spent or not.

[northernladuk]

If I'm convicted, I will definitely be upfront about it as it will come through on the Enhanced Disclosure anyway. I'm just trying to find out what impact the conviction will have.

Hopefully the impact will be that you sit down and learn more about what you do. It won't answer the whole question but understanding what a contractor is and what they do will have clarrified much of it.

[ContractorSince2011]

Honestly, in the cold light of day - What do you think? What do you think will happen if you don't tell them and they find out anyway?

If I'm convicted, I will definitely be upfront about it as it will come through on the Enhanced Disclosure anyway. I'm just trying to find out what impact the conviction will have.

[Fred Bloggs]

Obviously this is not something I would like to share at present with my current umbrella or the FS client with whom I'm contracted.

Honestly, in the cold light of day - What do you think? What do you think will happen if you don't tell them and they find out anyway?

[northernladuk]

A bigger crime is your total lack of understand of what contracting is and what you do. That lot is a disgrace. Hiring policies, employability? Makes my eyes bleed. You are more likely to get passed over for being a crap contractor than your conviction.

You've have been judged and you will never take an outside contract ever again. I am the laaaaaaw.

[ContractorSince2011]

Hi.

Potential criminal record --- aagghhh!

I'm an experienced IT contractor in Financial Services, been working since 2011 with multiple contract extensions in each contract. I'm currently working through an unbrella company (inside), like most of us, but had a limited company for many years (outside), like most of us.

I'm here looking for advice on hiring policies given an unfortunate change in my circumstances having been charged with a breach of the peace (shouting, causing fear and alarm). I need help with understanding the effect that a potential conviction will have on my employability given that even a fine (most likely outcome if guilty) would appear on an Enhanced Disclosure as a spent conviction.

Can anyone tell me (or signpost me) if I'll be automatically passed over for subsequent inside/outside contracts in FS? This is to help my lawyer gather evidence of the effect a criminal record would have on my future employability. I guess that could be either official policy or simply the way the market works.

Obviously this is not something I would like to share at present with my current umbrella or the FS client with whom I'm contracted.

Thanks all.
Anon.