Changing jobs and background checks... Advice needed

[Pezley]

So i have been offered a new job, ball ache of a commute to London but better all round.
They want me to hand in my notice and get a start date before they do their background checks. Fine on paper because I know there's nothing exciting to find but when happens if I hand my notice in, they find something they don't like and the retract the offer.... I'm screwed. Anyone had that ?

[briareos_kerensky]

I had background checks for military-related works, with checks done without me knowing anything...after a while I got my certification and nothing more. It's kinda questionable that you have to give your notice and then they start the checks though.

[ETC]

So i have been offered a new job, ball ache of a commute to London but better all round.
They want me to hand in my notice and get a start date before they do their background checks. Fine on paper because I know there's nothing exciting to find but when happens if I hand my notice in, they find something they don't like and the retract the offer.... I'm screwed. Anyone had that ?

I have. Last year I did that for a new job that evaporated in the ether before I started, you are not covered at all, not even for benefits if you need to go job hunting (I got another job very quickly but if I hadn't I would have been completely boned) Simple rule NEVER hand in your notice until you have an UNCONDITIONAL offer of employment as without it legally you are screwed. Awaiting background checks will mean a conditional, don't do it, if they are reputable they will wait when you decline and ask them to purse the checks first and will only resign when you have a written UNCONDITIONAL offer with a start date of employment, it would concern me that they want to do this in the first place maybe you should look in to this company a bit more. I certainly would if they want you to do this what else are they about. (Maybe I'm too untrusting but when/if you get burned you get a lot more careful) I would absolutely not proceed without a legally bound document saying my checks are passed, job is mine and start date is this.

[Pezley]

The company is very reputable. i.e 400,000 employees big. Thanks for the comments. Will update a bit more when home

[ETC]

The company is very reputable. i.e 400,000 employees big. Thanks for the comments. Will update a bit more when home

Just to warn you the company that did that to me has a workforce of 1.4million (well overall) (NHS)

[Pezley]

Just to warn you the company that did that to me has a workforce of 1.4million (well overall) (NHS)

Well that makes it all a bit more worrying ! How can they legally get away with that ? Is there nothing there to protect you ?

I will talk to my HR today about retracting my resignation should there be problems. Let's see if they really will live by their motto of 'treat your colleagues like family'.

[smouty]

Do you know what type of background checks they will be?
I've been involved recently with a complaint against an umbrella agency and the DBS themselves regarding eligibility of checks.
It is a system that is being abused and although you are protected within the law nobody has ever been prosecuted for it.

[ETC]

Well that makes it all a bit more worrying ! How can they legally get away with that ? Is there nothing there to protect you ?

I will talk to my HR today about retracting my resignation should there be problems. Let's see if they really will live by their motto of 'treat your colleagues like family'.

They can get away with it because of the conditional aspect of employment offers, if you have an offer without caviats as in an Unconditional they are liable as it is then officially your job anything else they can give any reason they choose to say no i.e. Lack of funds, amalgamated post, internally filled, role cease to exist excetera or simply a bad reference can do it. For me it was withdrawn due to a last minute funding change (as in a high ups relative or friend wanted a job and .... If course that cannot be proved and I wouldn't waste my time trying to)

[ETC]

Well that makes it all a bit more worrying ! How can they legally get away with that ? Is there nothing there to protect you ?

I will talk to my HR today about retracting my resignation should there be problems. Let's see if they really will live by their motto of 'treat your colleagues like family'.

Why don't you see if your current employer will match the offer if you like it there maybe worth a go also

[Pezley]

No idea on the type of background checks. I'd imagine just the usual. Im not worried that it will come back with anything exciting, it's more the concern that for them to do it I need to quit my job, leaving me in a constant state of holding my breath until they come back to say it's all clear

where I am wont match the salary, the company is amazing and they really do value people but they are some what out of sync with the rest of the industry. Particularly when the salary is almost double, they can't even entertain it. I am going to have a chat with the boss man shortly about options

[ETC]

Personally I wouldn't entertain a company that demanded that of me, it's not necessary at all and I wonder if is so you do and then they really negotiate your salary, I am naturally suspicious though if practices like that...

anyhoo I found a breakdown on where you stand and your rights etc etc



Conditional job offers
Unfortunately, the road to employment isn’t always smooth and just because you aced the interview doesn’t mean the boss has to offer you the job straight away, they can choose to give you a conditional offer instead.
A conditional offer means you’ll be given the job once certain conditions are met. It might seem like the boss is only doing this to prolong your sleepless nights, but it’s nothing to worry about as normally the condition is something fairly minor. Examples of contractual conditions employers can ask for include:


Satisfactory references
Criminal record checks
Checking/gaining certain qualifications
Medical exam (although this is very rare)
Proof you’re eligible to work in the UK (e.g. copy of passport or birth certificate)


You can also be set a probation period to pass before you’re taken on officially
You’ll be given a set time to complete the conditions, and this is one deadline you won’t want to miss. If you don’t give the required information on time, the offer of employment could be taken away, unless the employer kindly agrees to extend the deadline or even waiver the condition completely (if this happens, you know that you’ve seriously impressed them).
Remember, until you’ve completed their set conditions, you haven’t officially got the job. So if you’re leaving your current job for a new position, make sure you’ve fulfilled all the set criteria before you start telling everyone at your old company how much you hate them. (note, never do this anyway).


Unconditional job offers
Congratulations! You impressed at the interview and have been given an unconditional offer by the employer! No matter what, you’ve got yourself a brand new job! You’ll have the same rights as all the other employees and you won’t have to worry about passing that pesky probation period.
When you’re offered a job, whether unconditional or conditional, it’s standard practise to be given a formal letter by your new employer, so don’t just accept a verbal confirmation of your role. The letter will officially confirm your job offer as well as providing further details including information about your job description, location of the office, starting date and terms of your employment.


What are your rights?
Here comes the tricky part; what happens if the employer changes their mind and takes the job offer away from you?
Sadly if you’ve been given a conditional offer, the employer is well within their rights to withdraw the job before you accept it, especially if you haven’t met their conditions, (e.g.: you got a bad reference or failed to send requested documents in time).
When it comes to conditional offers, no legal action can be taken unless you feel you weren’t given the job based on discriminatory reasons. This can include:


Harassment
Victimisation
Indirect discrimination (when criteria or work practices disadvantage people of a specific racial or ethnic group)


But the rules change if you’ve accepted an unconditional offer, because at this point you’ve got a contract of employment with the company. If a job offer is taken away when you’ve already accepted it, the employer has breached the terms of their contract, so you become entitled to compensation.


What happens if YOU change your mind?
It’s a typical scenario, you wait for one job for ages, and then two offers come along at once, annoyingly after you’ve already accepted another job that isn’t as good.
If you’ve changed your mind about a job offer, you need to tell the employer as soon as possible, preferably before accepting it officially.
If you’ve already accepted an unconditional offer, the employer may try and get compensation for a breach of contract, although this is very rare as it often costs the company more money to take it to court than they’d end up receiving, so unless your decision has had huge financial implications, it’s unlikely to happen.
Just make sure you’re positive about turning down the job, it’s unlikely to impress the company if you change your mind again.

[Pezley]

Thank you, that's really useful. Appreciate it.

Annoyingly, none of the paperwork says conditional or unconditional. Salary etc has all been agreed. I get the impression they aren't being stubborn but it's just their standard process. I don't think it's anything devious, just me being paranoid.

[smouty]

The main background checks are DBS and credit reference and sometimes qualification verification.
Unless you are going into a position that requires anything other than a basic check - you can check here https://www.gov.uk/government/public...tions-guidance - They can only obtain any unspent convictions.
For the credit check, unless you have had any CCJs then there will be nothing to report.

If you have neither of these and have given your true record of qualification then I see no problems.

[Pezley]

Nah my life isn't that exciting. I don't foresee any issues but it's still a risk.

Just spoke to my senior boss man though and he was really good about it. He will keep my position for me until I'm confident everything has been cleared and give him the word. when I asked HR about it yesterday they said it's managers discretion but they advise them against it, so it's nice of him to want to help.

[112]

Your manager sounds like a decent guy. It is the norm for people to come and go in a working environment, and if you are a good member of the workforce, then he should have no problem holding the job until you are certain of your situation. I'm sure he appreciates you speaking to him about it, rather than suddenly springing your resignation on his desk one random day. After all, if there is a chance that you would stay it would allow them more time to seek a replacement for you (I am under the impression that should you not leave your current employ, you will be actively seeking new employment elsewhere in the short term).

I'm sure everything will be fine Pezley

I don't envy your commute into central London... I have friends who do that, and it does not sound fun whatsoever... I am currently commuting around 2 hours 15 a day to my work from one city to another, which equates to around 11 hours a week over 5 days; which if you think about it is nearly a days worth of travelling (over a full day in work).

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