Help enh crb check revealed 14yrs old DnD - 13yrs with NHS - now panel hearing

[Steve Mal]

Hi folks,

 

I need a little advice.

I was convicted of drink driving 14yrs ago this month '(Hit by an unmarked police car while stationary but no excuses 15month ban and £300 fine)

 

I started with the NHS the following year and at the time with no computer or forums like this to seek advice I didnt think that a driving offence went on my check.

 

6yrs later and a further check and now knowing a little I declared my offence and was dragged before HR who gave me a written warning.

 

Last week my new enhanced CRB check was done and the offence was on there.

 

I had an email from my trust asking for a little information on the issue which I provided.

 

They emailed me back thanking me and said it was going to panel 21 of June.

 

Just been reading up on these panels and it says I could lose my job if they think fit.

 

Any advice help please as am stressing here.

 

Convicted done it and was very ashamed.

[BRIGADIER2JCS]

A spent conviction I would say!!

 

If your job involved driving trust vehicles

and the conviction was not ''spent'' at the

time you applied for the job and was not

declared you may have a problem.

Do you have a union rep who can help??

[Sidewinder]

I think you need to explain it exactly as you have here. You were unaware that a driving offence needed to be disclosed, you have been open and honest since and have disclosed it before a CRB showed it up, you have not re-offended and the matter is spent.

 

If the Trust feel that you have gained 'pecuniary advantage' by deliberately not admitting something which you knew that you should have, then they could make a case out of it but hopefully common sense will prevail.

[Steve Mal]

I do hope so sidewinder as I have no other convictions or police matters. Can understand the written warning so hopefully that might be it.

[mariefab]

HR dealt with this, when you declared the offence 7 years ago, by giving you a written warning.

What reason have they given for taking matters further after all this time?

[Bang!]

How many times do they feel they can have a go at you for the same spent offence?

 

Wait another 7 years for your next one and they'll probably tell you they've reintroduce hanging for it!

[moll 61]

I believe the conviction is spent after the period of disqualification is over, but the endorsement may stay on your license for 11 years, so if you have been driving an NHS vehicle there may be some insurance problems

[transient]

I believe the conviction is spent after the period of disqualification is over, but the endorsement may stay on your license for 11 years, so if you have been driving an NHS vehicle there may be some insurance problems

Cant see how considering they knew 7 years ago and it is on file and they would have had the particulars.

 

They cannot punish you twice for this and I would mention it was previously done. One quick question though, although you are working for the NHS have you moved trusts?

[Steve Mal]

Hi Transient,

Been with the same trust the whole time! Must admit dont know if they have seen the written warning from 7yrs ago, lets wait and see.

[papasmurf1cx]

Have you evidence of the written warning? It sounds as if the Trust may not? Also was that the only charge the police laid at the time?

[sillygirl1]

They won't have the written warning from 7 years ago as it would have expired however there should still be a note on the file about this.

 

Some of the NHS HR Advisers are very unpleasant people - I should know as I spent 10 unblemished years in the NHS, went off sick first time in ages for 6 weeks with a bad shoulder and got two disciplinaries when I got back for different things. I called their bluff though and took redundancy rather than have them downgrade me from Acting A&C 6 to new Band 3.... replacement person was put on Band 5 immediately!

[Steve Mal]

Think at the moment the whole trust is on lookout with their jobs. Papasmurf that is the only thing I have never had anything else or been in trouble.

[Raj111]

Think at the moment the whole trust is on lookout with their jobs. Papasmurf that is the only thing I have never had anything else or been in trouble.

 

+1

 

They have buried it, but it is digging its way out slowly.

Edited June 27, 2012 by Raj111

[Steve Mal]

And that means what?????

[honeybee13]

Hello Steve. I'm wondering if raj posted on the wrong thread. He has his own and has been talking to papasmurf.

 

My best, HB

[digby1000]

I'm wondering whether there is a clause in the employment contract to the effect that "not dealing with any disciplinary matter at the the time the employer becomes aware of it does not prevent the employer from taking disciplinary action in the future, and the employer reserves all rights to do so".

 

I only ask because I was hauled up on this particular clause a number of years ago but argued it away with documentation.

 

I think the key point here is proving that your employer was aware of this years ago, and disciplined you in a way that they saw as appropriate at the time.

 

Someone else may be able to guide you more accurately but I am wondering whether a Subject Access Request or Freedom of Information request might allow you to see exactly what was annotated on your file all those years ago? I am not sure how long they have to keep records for though, so they may well have gotten rid of them after 7 years or so, but if its an HR file I would think there would have to be some continuity to it.

[Steve Mal]

My CRB went to panel 21st June....................Called trust HQ yesterday and asked what was happening and they said "Oh its fine your CRB was cleared so no worries and it wont be brought up again unless something new appears on a future check" Im pleased but why the hell couldnt they let me know.