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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46794
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was suspended from work on full pay. I work as a Customer

Resolved Question:

I was suspended from work on full pay. I work as a Customer Service Advisor in Car Park and do permanent nights. I have been employed years 3 months and have an unblemished record. Last year the company went through changes being that the company was given a new contract stating that all staff to be SIA licensed. When I heard about this, I told my boss that I have a criminal conviction and stated that there may be a problem in getting me licensed and told him that my convictions were severe hence why. When I was interviewed job in September 2009, the interviewer failed to ask me if I had any convictions and gave me the job. After six months in the job, my boss came in early to brief me what was said at the staff meeting the day before. The staff had been asked to get paperwork of Criminal checks, it was then that I disclosed and the boss told me that if I had told him at the interview I wouldn't have got the job. I gave the boss at the interview to what he asked my CV and a covering letter. No Application form was given to me to fill. I carried on with my work as normal. The boss left the company not long after that. Last year we were told that we be on SIA courses by a different boss who replaced the previous boss, I told this boss that they may be a problem and disclosed my convictions, his and only question was 'will you re-offend again? I told him that I was convicted in 1998 some 17 years ago and have been out of prison 11 years and lead a crime free life. I carried on as normal then about a month later my boss asked me to confirm to how long I have been out of prison. This boss left the company last October. Recently I was told to attend the SIA course and again with different people, being an area manager and a supervisor, again I disclosed and then was suspended because it was discovered that both managers who left the company had failed to disclose my conviction to the head office. What I would like to know is if I do get dismissed from the company, do I have a good case against them?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : , my name is ***** ***** it is my pleasure to assist you with your question today. Are you actually required to be SIA licenced to carry out your job or are they consider dismissal simply because you have these convictions?
Customer:

No I was not required to be SIA licensed when I took the job in 2009. All I know is that I was suspended so that an investigation could be conducted as the 2 ex managers had failed to notify the head office about my convictions.

Ben Jones :

But are you required to be SIA licensed now?

Customer:

No, but was attend the course as the company wanted to get all staff SIA licensed.

Customer:

asked to attend the course it should have read sorry!

Ben Jones :

so if you were unable to attend or complete the course does it mean you cannot do your job?

Customer:

Yes

Ben Jones :

ok thanks let me get my response ready please

Ben Jones :

You cannot simply be dismissed declaring these convictions at the time you were appointed or managers’ failure to disclose these to the SIA over time. However, if the conviction prevent you from carrying out your current job and there is no other way around it then it could amount to a potentially fair reason because it would be covered by the fair reason of ‘some other substantial reason’. Saying that, before a dismissal is contemplated the employer must ensure that they have done all they can to try and keep you in a job. , if you are unable to perform your current job due to not being able to pass the required licensing, the employer should try and find you another job with them or with an associated employer before they consider going down dismissal. Only if there is nothing else available, or you have rejected anything that is on offer, can they consider dismissal. They could potentially justify the dismissal as being fair if they have followed the above steps, however if they have just gone straight away without even considering what other options are available, then the dismissal could be unfair and you can opt unfair dismissal in the employment tribunal.

Ben Jones :

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

Yes it is a good response and helped me a lot thank you

Ben Jones :

you are welcome, all the best

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46794
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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