Have I been unlawfully discriminated against?

Convicted Driver Insurance

Super Multi Blue

New Member
I've just produced my driving licence which has 2 DR convictions to an agency looking for work driving Class 2 vehicles.

DR10 - 9 years 1 month ago
DR30 - 5 years 3 months ago

No other endorsements on licence.

They have told me that they are severely limited in the jobs that they can put me forward for as their insurer asks for 10 years previous convictions and also their clients would reject me once a copy of my licence has been sent to them. What they could offer me would be ad-hoc a day here a day there (I suspect this is bull**** and no work would be offered)

Anecdotally, a licence check was performed over the phone with the DVLA at the agency with my consent and no endorsements were disclosed to the consultant.
 
I think they are wrong on the first bit, insurance companies can ONLY ask for details of convictions in the past 5 years.
they may be right on the second bit, as an agency they may have in their contract agreements with companies that they will only supply drivers who have clean licences, and yours is not.
i did some looking about and found this quote on a truckers forum in response to a similar question. It is from several years ago, but probably sums up your situation:
I think a 9 year old DD convection shouldn't worry most companies if you've kept a clean sheet since then. The only ones that might not employ you are agencies becuase of promising thier customers drivers with clean licences and big firms who have strict employment rules.

The suggestion was that smaller firms may be less fussy, so perhaps a direct approach to smaller firms may be better than going through an agency.
 
Thanks for the advice

He definitely said 10 years. I had a look on the driver checklist sheet that was in amongst all the paperwork (which on it said must be filled out by the consultant not the candidate) and there was something about 10 year endorsement check.

I am friends with a Transport Manager and he even admitted that one of the insurance companies he uses asks for 10 years (which coincidentally worked out to be the cheapest for his company *rollseyes*).

This is outrageous and surely a clear breach of the law.

All because of my counterpart this. Like I said, he completed an over-the-phone licence check and my licence came back clean. So my convictions are spent IN THE EYES OF THE LAW but not to the insurance companies it seems who have been taking advantage for years the anomaly of us having no choice but to declare a spent conviction due to the need to produce a counterpart.

June 8th can't come soon enough.
 
You are right, June 8th will solve your problem.
you should refer the agency, and your friend to this case:
A recent High Court decision (in the case, R v DVLA & Another, ex parte Pearson [2002]) indicates that it is an unlawful breach of statutory duty for firms to rely on endorsements relating to spent convictions in order to disadvantage a driver.

you can read about it here:

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/25/25-disclosure-of-spent-motoring-convictions.htm
 
I could but it's not going to get me a job which is ultimately what I want. My problem is that I am a newly qualified HGV driver so right there is the reason why I would never be offered any work after being signed up.

I am quite frankly gobsmacked though that the agency would openly tell me that they and their clients are blatantly breaching the Rehabilitation of Offenders Act 1974.

I informed the consultant about the upcoming counterpart abolition which he did seem to know about. He replied and I quote 'then it's a whole different ball-game in terms of what we can offer you'
 
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Super Multi Blue said:
I could but it's not going to get me a job which is ultimately what I want. My problem is that I am a newly qualified HGV driver so right there is the reason why I would never be offered any work after being signed up.

I am quite frankly gobsmacked though that the agency would openly tell me that they and their clients are blatantly breaching the Rehabilitation of Offenders Act 1974.

I informed the consultant about the upcoming counterpart abolition which he did seem to know about. He replied and I quote 'then it's a whole different ball-game in terms of what we can offer you'
Click to expand...

Any update on your Job hunting etc.?
 
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