Hi all would having a current criminal record stop me finding work with in the driving industry. I am in a little bit of a sticky situation and wondering the best way forward. should I inform all that need to be informed including the agency and current placement or wait till it is all settled and then inform them if need be.
should say that my current placement isn’t dealing with the general public as such just delivering goods to goods in at university’s and hospitals.
coop
If the question isn’t asked it doesn’t need answering and even if it is you could always answer no. Unless they state they are actually carrying out a criminal records check then you need to judge the situation yourself. It’s always good to be up front but maybe not always.
wrighty1:
If the question isn’t asked it doesn’t need answering and even if it is you could always answer no. Unless they state they are actually carrying out a criminal records check then you need to judge the situation yourself. It’s always good to be up front but maybe not always.
Don’t think I’ve ever seen a job application form that didn’t ask the question.Nor asked at interview stage and increasingly now DBS form requested for any job not just driving jobs.
The better question would be would you expect to have all the normal employment protection rights assuming that information had been witheld and not volunteered at the recruitment stage.IE summary dismissal based on that information being found by the employer at whatever point. 
wrighty1:
If the question isn’t asked it doesn’t need answering and even if it is you could always answer no. Unless they state they are actually carrying out a criminal records check then you need to judge the situation yourself. It’s always good to be up front but maybe not always.
that’s the thing. when I signed up with the agency and when I started at the placement I was genuinely unaware there was an issue. it was a good month after the incident. I am now in 2 minds weather I should tell them. I can see them thinking I lied on the forms (the agency forms specifically asked if I had any current record or if I was under investigation for anything) on the otherhand if I keep quiet and then I end up going to court and need time off etc etc it looks like I have deceived them anyway.
coop
As long as you answered honestly on the form at the time you filled it in and signed it then no issue. If you do get a conviction later on then it could affect future job applications and depending what it was for and the severity the Traffic Commissioner may decide to invite you in for a chat but I would expect that to be a rare event.
Hi mate, I’ve got a healthy criminal record and a short stay at a couple of the queens finest all inclusive resorts from my misspent youth, I declared them every time I was asked until they expired after 10 years under the rehabilitation act. They are, of course, still on my record.
I was always upfront and explained about them in full, I guess the fact I’m so amazing got me various jobs …not…probably just the honesty at owning up to my mistakes when it came time to grow up a lot and crack on with life.
The key thing, and don’t at all feel that you have to tell all, is, what was it for and how relevant is it to the job.
Mine is various altercations and class A drugs, of course this is going back many many many years, I found that simply sitting down, explaining myself and leaving it to others to judge was the best course. Unfortunately for you though, I guess some of the faceless corporations might just use a criminal record as an excuse not to hire as opposed to using the old fashioned way of actually judging the person rather than the paperwork.
My advice, no matter how hard, just be honest. If not then it’s extra pressure on you and the possibility of misuse of the info should it come out…
I had a small altercation with a very rude and aggressive customer that I was part of a team delivering furniture to. Unfortunately I ended up grabbing the phone to turn it onto him after over an hour of verbal abuse and physically being intimidated. The other party wasn’t happy to let it go with an apology and insisted that its taken to court.
As said in my current role im not dealing with the general public as such and I feel confident that if in the remote possibility such a situation arises the company I work for would accept me driving off and removing myself from the situation.
I guess what im asking is do I tell the company and agency given all of the above comments (as some have alluded to) or do I keep quiet.
cooper1203:
I had a small altercation with a very rude and aggressive customer that I was part of a team delivering furniture to. Unfortunately I ended up grabbing the phone to turn it onto him after over an hour of verbal abuse and physically being intimidated. The other party wasn’t happy to let it go with an apology and insisted that its taken to court.As said in my current role im not dealing with the general public as such and I feel confident that if in the remote possibility such a situation arises the company I work for would accept me driving off and removing myself from the situation.
I guess what im asking is do I tell the company and agency given all of the above comments (as some have alluded to) or do I keep quiet.
Have you actually been found guilty of any offence or is it just all ongoing at the moment?
If you have not been convicted at court then legally you don’t have a criminal record.
Innocent until proven guilty
You’ve got nothing really to tell them yet as it’s all ongoing
At the time they asked you ‘if prosecution pending’ you were unaware so didn’t lie. Don’t stress until it becomes a problem
Murrayminor:
Have you actually been found guilty of any offence or is it just all ongoing at the moment?
If you have not been convicted at court then legally you don’t have a criminal record.
That’s what I was wondering ?
OP implied has a record but then not sure if has
Under Rehab act if it’s spent then you can “lie” and say no you don’t unless explicitly asked then you have to disclose
Though I’ve known a few who have records and it’s never been a problem in driving even when declared
Disclose it and it can’t then bite you later !
In your applications if it asks then put in a disclosed statement so you put your side forward
When I was a manager in past life I had these and trust me they do make a difference if put across right !
And that’s the key- they must be honest and brutal to show you are sorry and moving forward, not done token “I’m sorry” !
Disclosure exists because people lie, but many driving jobs proceed without any disclosure. You would need to give the okay for any disclosure to happen and I don’t think a pending matter would show on a basic disclosure in any case.
The only issue you have is if you are convicted and decide to tell the agency, they will know that you went to court without telling them about it.
Didn’t the law change about this a year or two ago? I don’t think they are allowed to ask you (to stop discrimination) any more unless the job is working with children or other particular scenarios.
Anyway for driving jobs you most likely won’t be asked anyway…
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In a previous life as a bus driver i once got into a scrap with 3 guys .They started it and despite warnings for them to go away one of them threw a punch that smashed the security screen.I took off my tie and went for him.I gave him a kick on the knee with a size 8 boot.He tumbled over the other one i just decked him with one blow.By the time the vops came the 3rd guy was in the air.The decided to press charges.When we went to court i pointed out 3 v 1 it was self defence.The company never took any action. If you did not punch the customer you will walk free.Just be honest
I’ve seen employers ask for this information, but TTBOMK if they’re asking when they have no right to ask, then you’re not lying if you simply say “no”.
Hi Mate,
I currently have an unspent conviction, and if I am asked I always declare it as its about honesty and integrity. Now unless the rules have changed, unless asked you don’t have to declare it, but you may want to check that in case things have changed. Depending what its for may sometimes stop you from getting work, i.e theft and fraud, as for the traffic commissioner asking to see you, its not happened to me, and I had to renew my licence, but there was nothing on the renewal form asking about it.
When you signed up to the agency, if you hadn’t been charged theres nothing really to tell, but once you were/have been, personally I would go and see them, tell them and explain what happened. If you don’t need to declare it, but choose to do so, explain what happened and just be honest. I’ve never found it to be a problem, and i’ve always told any employer just so they know, then at least if anyone does find out I’ve covered my arse. Even the few jobs that require dbs checks doesn’t necessarily exclude you as long as they are aware. I wouldn’t worry too much, just update the agency as it was asked on the registration form.
Mate it was a bit of provocation, and you reacted to it because the guy deserved it…forget it, you don’t have a criminal conviction, and maybe they were calling your blufff, or its possible the DPP would take it to court anyway…court date can be hidden by illness ( especially with corona around ) Hi boss, cant make it in today, got a dry cough, a high temperature, and runny nose…can’t be too careful…but keep Stumm, unless something happens, and good luck in your quest,