Employment Lawyers Can Answer Your Employment Law Questions
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.
But are you required to be SIA licensed now?
No, but was attend the course as the company wanted to get all staff SIA licensed.
asked to attend the course it should have read sorry!
so if you were unable to attend or complete the course does it mean you cannot do your job?
ok thanks let me get my response ready please
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.
Hope this clarifies your position? If you could please let me know that would be great, thank you
Yes it is a good response and helped me a lot thank you
you are welcome, all the best