After working for a bank for several years, Felix had applied for a new role as a mortgage broker. The bank had carried out a basic DBS check when Felix was initially employed but, as his convictions were spent, nothing was disclosed on his certificate. However, he had recently discovered that his new role would be FCA regulated and would require a standard DBS check. Felix contacted our helpline for some advice as he was unsure whether his convictions would be disclosed and if they were, whether he would be able to work as a mortgage broker.
We were able to confirm that as Felix had two convictions, neither would be eligible for filtering from his standard DBS check. We advised Felix that the FCA consider each applicant on their fitness and propriety and that the most important considerations are:
- honesty, integrity and reputation
- competence and capability, and
- financial soundness.
We mentioned to Felix that although he would be working as a mortgage advisor, it wasn’t essential that he be FCA approved, it was enough that one individual in the company have approval.
Felix emailed the helpline a couple of days later with a copy of a disclosure statement that he’d put together, asking for our comments. He explained that the bank would be carrying out the standard DBS check, which was the level of check they requested for all their mortgage brokers.
Having read through the statement, we suggested that although it was important to provide details of his convictions, the statement shouldn’t be all about them. We advised Felix to demonstrate the successes he’d had since starting work at the bank and how his experience and financial astuteness would make him an ideal candidate for the role of a mortgage broker.
We contacted Felix several months later when he told us that although the process had taken some time, his application had been successful and he was now working as a mortgage broker.
Felix said:
“I cannot thank Unlock enough for the support they gave me throughout this process. As I was applying for a job with the same company that I was already working for, I wasn’t only worried about not getting the new job but also about losing my current one if my convictions came to light. The advisor at Unlock gave me lots of encouragement and reassurance and it was good to know that they were at the end of the phone whenever I had a query“
Lessons
Having to disclose a conviction to somebody that doesn’t know you is always difficult and Felix had the additional worry that he might lose his current job were his employers to find out about his spent conviction.
In this case. Felix had a great employment record with the bank and we encouraged him to highlight this in his disclosure statement, rather than dwell excessively on his previous convictions.
Links
- Practical information: Disclosing criminal records to employers
- Practical information: Financial services sector
Notes about this case study
This case study relates to Unlock’s helpline.
Names and details have been changed to protect the identity of those involved.
Published March 2020.
