How easy is it for potential employers to look at you record?
The reason i as is i phoned about a job with a large Agency. The job is available but three phone calls later they still haven’t returned my call.
On my first call they took some details and asked me if i had a clean record,i said yes(Not completely true) so they said someone would get back to me.
Is it because they have seen my record or What.
They are still looking for drivers but never called me back
I’m no killer just the odd fight when i was younger.
On my last phone call i said can you give me a yes or no! Still no call.
Can they look at my record through the freedom of information act?
How easy is it?
hi mate you can check out your record on the DISCLOSURE SCOTLAND web site there charge you for a basc disclosure have a look it will tell you what on your file disclosurescotland.co.uk/
No they would have to do a CRB check and you would have to sign a form for that and then it can take ages to come through
I have never know anyone do a CRB unless the job has security features in the job ie airside work millitary work etc.
No-one can pass information about you under the data protection act they prob just have a load of drivers on their books and aint got any work
Just noticed where you are
They still cant get hold of your details with out you knowing follow this link for the instructions they would have to do and what happens
One thing you do have to remember is the Rehabilitation of Offenders Act. Long time since I did an update on it so I won’t even try to go into detail; basically if you are convicted of a criminal offence, depending on the sentence handed down it stays on your record for so many years.
At the top end of the scale, if you receive a custodial sentence of over 30 months it stays with you for life; basically it then goes on a sliding scale downwards.
You haven’t said whether the job requires a CRB (Criminal Records Bureau) check; if it’s lorry driving it probably wouldn’t but things like school buses are affected. For anything working with kids, etc. the Rehabilitation of Offenders Act doesn’t apply, and if you submit a CRB check potential employers can see the whole lot, warts and all. Employers only get to see this with your written consent.
I hope this helps.
Check this link out for a start;
Is it legal to tell lies/give false information on a job application
form?
Perhaps if your record is not as bad as you say then it may be best
to tell the truth.
olz69:
Is it legal to tell lies/give false information on a job application
form?
Perhaps if your record is not as bad as you say then it may be best
to tell the truth.
olz69:
Is it legal to tell lies/give false information on a job application
form?
Perhaps if your record is not as bad as you say then it may be best
to tell the truth.
Yes if you knowingly give false information and at a later date your found out you can be dismissed with no notice
Fraud can be committed in three ways;
From the PNLD:
fraud by false representation,
fraud by failing to disclose information,
fraud by abuse of position.
Fraud by false representation
This offence is committed when a person dishonestly makes a false representation and in doing so intends to make a gain for himself or a loss for another. A representation could be a statement or an act, for example, giving a stolen credit card to a shopkeeper (you are implying that you have the authority to use that card when you don’t) or implying that you have goods to sell on an internet auction site (and you don’t).
Fraud by failing to disclose information
This offence is committed by a person who has a legal duty to disclose information and who dishonestly fails to disclose it and in doing so intends to make a gain for himself or cause another loss. For example, a person failing to disclose certain facts to an insurance company when taking out a policy.
Fraud by abuse of position
This offence is committed by a person who is in a position of trust and who dishonestly abuses that position and in doing so intends to make a gain for himself or cause another loss. For example a person who is caring for an elderly person and has access to their bank account and buys something for themselves.
These offences carry a maximum prison sentence of ten years.
olz69:
Is it legal to tell lies/give false information on a job application
form?
Perhaps if your record is not as bad as you say then it may be best
to tell the truth.
This was over the Phone!
That would probably come under the TELL LIES section
olz69:
Is it legal to tell lies/give false information on a job application
form?
Perhaps if your record is not as bad as you say then it may be best
to tell the truth.
It’s ALWAYS best to tell the truth. If pressed, I’d say that it’s far better to say nothing than to tell a deliberate lie, assuming it’s not breaking the law by doing so Giving false information would at least render someone liable to summary dismissal, and possibly worse depending on the job.
In reality, unless you’ve been done for dishonesty or theft, most haulage companies aren’t particularly bothered in my experience. I got done for ABH a good few years ago, but it’s never stopped me being in work, and I did have to mention it at one job interview as it wasn’t a “spent” conviction then.
i have a serious conviction on my record, i have always disclosed it when asked, and explained it to my prosective employer when going for an interview,and to date i have never been turned down for a job, or even been out of work. even while the court case was on going i was still working and the agency at the time knew all the facts. i have found that honesty is the best policy, now i have not been to prison but still had to do 3 yrs probation.
not quite the same but recently 50 students were expelled from Newcastle University for submitting phoney certificates with their application, another 75 or so have failed to turn up for lectures
this came to light when 1 of the tutors realised that 1 of his students hadn’t a clue of what he was supposed to be learning and then checked his application forms
Sorry Nick, I think that you are wrong.
CCJ’s etc are a matter of public record and as such are freely available however they are stored.
Just because info is in data form does not mean that it is protected by the act.
Think about for a minute.
Your credit card expenditure details are all stored as electronic data at some stage, but credit checking agencies can access them.
This applies to many forms of information regardelss of how they are stored.
As to the post regarding wether they affect employment chances, I know of two peple who applied for jobs where I work who were both rejected.
One of them asked why and was told it was because of his poor credit history.
(he had a CCJ)
I don’t say its right or fair…but thats life.
del949:
not obviousley criminal records, but details of CCJ’s etc are public record and may influence job prospects.
I wouldn’t have thought so nowadays, it’s so easy to go Bankrupt now and there isn’t the ‘shame’ associated with it any more.
RBS made me bankrupt in Jan 2006 and it was discharged in August 2006 despite RBS not getting a penny, they even cocked up in the County Court by asking the judge to make me bankrupt to which she asked if I agreed and understood the consequences, she then looked at the clock and said it’s 14.02pm and you are officially declared bankrupt, the RBS Solicitor then asked for costs of £475 to be awarded against me to which she replied, No, he’s bankrupt, you should of asked before I announced it
However, despite being officially discharged as a bankrupt, for over 2 years, I still cannot get a bank account, credit cards or any other credit, but I hasten to add that my life is much better now without them
I’ve done an experian check on my name and address and it all stays on record for 6 years and can be accessed by any company who pays their fee’s.
My son opened the company bank account, I use a pay pal top up card which cost £4.50 and company debit card so if I aint got it I dont spend it, and would seriously advise others to rip up their credit cards and do likewise.
Employers can check your history but it costs them regardless of whether they employ you or not.
olz69:
Is it legal to tell lies/give false information on a job application
form?
Perhaps if your record is not as bad as you say then it may be best
to tell the truth.
Yes if you knowingly give false information and at a later date your found out you can be dismissed with no notice
Fraud can be committed in three ways;
From the PNLD:
fraud by false representation,
fraud by failing to disclose information,
fraud by abuse of position.
Fraud by false representation
This offence is committed when a person dishonestly makes a false representation and in doing so intends to make a gain for himself or a loss for another. A representation could be a statement or an act, for example, giving a stolen credit card to a shopkeeper (you are implying that you have the authority to use that card when you don’t) or implying that you have goods to sell on an internet auction site (and you don’t).
Fraud by failing to disclose information
This offence is committed by a person who has a legal duty to disclose information and who dishonestly fails to disclose it and in doing so intends to make a gain for himself or cause another loss. For example, a person failing to disclose certain facts to an insurance company when taking out a policy.
Fraud by abuse of position
This offence is committed by a person who is in a position of trust and who dishonestly abuses that position and in doing so intends to make a gain for himself or cause another loss. For example a person who is caring for an elderly person and has access to their bank account and buys something for themselves.
These offences carry a maximum prison sentence of ten years.
Phew !!! In very general terms it is perfectly ok not to disclose a ‘spent’ conviction, as its spent !! A clue to this is generally in the job application whereby it will say along the lines of…this post is exempt from the rehabilitation of offenders act and requires an enhanced CRB check…
del949:
Sorry Nick, I think that you are wrong.
CCJ’s etc are a matter of public record and as such are freely available however they are stored.
Just because info is in data form does not mean that it is protected by the act.
Think about for a minute.
Your credit card expenditure details are all stored as electronic data at some stage, but credit checking agencies can access them.
This applies to many forms of information regardelss of how they are stored.
As to the post regarding wether they affect employment chances, I know of two peple who applied for jobs where I work who were both rejected.
One of them asked why and was told it was because of his poor credit history.
(he had a CCJ)
I don’t say its right or fair…but thats life.
Think you’ll find somewhere in the really small print they state they reserve the right to share information between each other same as insurance companys and you sign the agrement allowing this
The Data Protection Act regulates how your personal information is used and protects you from misuse of your personal details.
The details of the Data Protection Act are quite complex, but at the heart of it are eight common-sense rules known as the Data Protection Principles.
These require personal information to be:
fairly and lawfully processed
processed for limited purposes
adequate, relevant and not excessive
accurate
not kept longer than necessary
processed in accordance with your rights
kept secure
not transferred abroad without adequate protection
Organisations using personal information (‘data controllers’) must comply with these Principles.
The Act provides stronger protection for sensitive information about your ethnic origins, political opinions, religious beliefs, trade union membership, health, ■■■■■■ life and any criminal history.
I used credit cards as a very simple example, however there are many more areas where the data protection act offers little or no cover.
your car registration details are available to anyone with a reasonable and genuine need tp know, IE registered car clampers and private parking attendant comanies etc., including bailiffs.
your name and address are freely available on the electoral register
your name address and lots of shopping preferences are available on many many different lists for marketing purposes,
your bad credit reports can be passed from a debt collection agency to a mortgage broker.(this was highlighted in a recent BBC programme investigating the selling of mortgages to people with poor credit histories)
Lots of people think that the Data protection Act covers all data, but it doesn’t
del949:
I used credit cards as a very simple example, however there are many more areas where the data protection act offers little or no cover.
your car registration details are available to anyone with a reasonable and genuine need tp know, IE registered car clampers and private parking attendant comanies etc., including bailiffs.
your name and address are freely available on the electoral register
your name address and lots of shopping preferences are available on many many different lists for marketing purposes,
your bad credit reports can be passed from a debt collection agency to a mortgage broker.(this was highlighted in a recent BBC programme investigating the selling of mortgages to people with poor credit histories)
Lots of people think that the Data protection Act covers all data, but it doesn’t
refer back to the original question
On my last phone call i said can you give me a yes or no! Still no call.
Can they look at my record through the freedom of information act?
How easy is it?
All i said was no ,data protection act
I didnt start throwing all the examples out but if you realy want to know I’m sure i can find out for you
just the odd fight when i was younger.
