do you have to declare criminal convictions in a new job if even if you are not asked for them ?

Question

if a future employer does not ask for criminal convictions on a aplication form or by mouth in anyway, can you still be sacked if you dont declare them ?

no application form was filled out, just a casual interview

Answer 1

If the employer is not asking, then you don't have to tell. No need to tell more than they are asking you to tell.

Answer 2

Hi JJ,

For the UK

In law, no, you do not need to volunteer information.

If you are going for a job with a GOQ(Genuine Occupational Qualification) i.e work with children, where a form will be given to you to fill out anyway you must answer it honestly because it will be checked.

If you do have convictions but they are 'spent' under the Rehabilitation of Offenders Act 1974 you may still answer no without fear of reprisal unless the vacancy is exempt from the 1974 Act.

Hope this clarifies the situation.

Answer 3

If a prospective employer doesn't ask for any details of criminal records then you are not obliged to give that information. If you are subsequently disciplined or sacked for non-disclosure then that would probably be considered to be unfair dismissal, provided you can prove the question was not asked.
There are a number of employments where the question is asked and where spent convictions are also relevant, but they always ask.

Answer 4

If they didn't ask, then clearly it is of no importance to them whether or not you have a criminal conviction. Just be thankful that you are in work, despite everything, and keep your head down and your mouth shut.

Answer 5

Then of course it all depends on honesty as well. You have every right to not tell them, however if several years down the line they find out that you have a previous conviction that could, theoretically affect your current employment (ie something involving dishonesty, fraud or theft) then they would be within their rights to dismiss you.
Something minor, such as a conviction for criminal damage or minor public disorder wouldn't be worth mentioning in my opinion.

Answer 6

no you werent asked so dont tell, if they find out you have a crinimal past they cant do anything if it hasnt been asked or declared by you. i should point out that one conviction employers hate even though it may have nothing to do with your job is drink driving offences. if your disqualified keep it quiet even from workmates. i don't condone crime of any sort but i'm not the judge of anyone.

Answer 7

No, certainly not.

It's unusual not to be asked, at least on your application form, but if they don't ask that's not your problem. Why tell anything you're not asked? If they HAD asked, you'd have told them, wouldn't you?

An employer needs to ask the right questions, relying on "anything else I should know about?" isn't good enough. How do you know what he should know about?

Answer 8

It used to be that if you had been sentenced to a term of imprisonment of 2 years or more, then for a period of 10 years, you had to declare your conviction when applying for a job.

This of course resulted in released prisoners being unable to find employment and many of them re-offended.

But this leads to the question should an accountant, jailed for embezzling the company he worked for, be allowed to obtain a similar position without revealing his conviction?

My personal view is that everyone is entitiled to make a honest living, and a criminal conviction should not be a bar to their rehabilitation. They have paid their debt to society.

I would not therefore declare a criminal conviction unless I was specifically asked, and then only if had resulted in a prison sentence of 2 years or more.

Good luck.

Answer 9

No. Not if they don't ask. If you lie and say that you didn't and later the company found out, you can be fired.

Most businesses will ask however.

Answer 10

No, you don't have to declare anything you are not asked !!! A good tip ?? Just stick to answering questions you are asked and you'll be just fine.


........ :0)


PEACE