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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47376
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have a number of criminal convictions from over 7 years ago.

Resolved Question:

I have a number of criminal convictions from over 7 years ago. I have always worked in care as a care assistant for the elderly, and even after my convictions I trained as a nurse.

My new area manager has suspended me from my position as a senior care assistant as she has just seen my CRB (which was fully disclosed at my interview and on my application form.).

I am the only male senior carer (there is one other male in the company, a carer).

I have been employed by this company for 2 months and have no issues. The families like me, the staff like me and the manager and I work on the same guidelines.

Is there anything I can do?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

JACUSTOMER-atnj4mml- :

Hi Ben

Ben Jones :

Have you been told this could result in your dismissal?

JACUSTOMER-atnj4mml- :

yes

JACUSTOMER-atnj4mml- :

It is a new area manager who was looking through the personnel files and saw mine. she called me at home an hour before my shift to tell me

JACUSTOMER-atnj4mml- :

all details of my convictions had been disclosed at interview and I even showed them a copy of my CRB

JACUSTOMER-atnj4mml- :

are you here?

Ben Jones :

ok let me get my response ready please

JACUSTOMER-atnj4mml- :

k

JACUSTOMER-atnj4mml- :

Since my last conviction for affray in 2007, I have worked for 5 carehomes, all of whom knew about my convictions as well as having a couple of interviews with the NHS, who again knew of my convictions.

The CRB check that this company undertook showed no different information to that I supplied at my interview and at the time of my application.

Ben Jones :

If you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.). I


 


If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it and your only protection would be if you were not paid your contractual notice period, because unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice.


 


Having a negative criminal record is not in itself a gross misconduct offence so you should be given your notice period. It would have been such an offence if, for example, you had failed to declare it when asked and the employer eventually found out. So whilst the dismissal would not be for gross misconduct, it cannot be prevented in the circumstances if that is what the route the employer wants to go down.

JACUSTOMER-atnj4mml- :

so they can fire me, no matter what :(

Ben Jones :

in these circumstances, I am afraid they can

JACUSTOMER-atnj4mml- :

ok, thank you for your advice.

Ben Jones :

you are welcome

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