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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47381
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am a current registered manager of a vulnerable adult care

Resolved Question:

I am a current registered manager of a vulnerable adult care home. The organisation are changing the service to a CAMHS 16-25 year old transition service. I have criminal record, which is making a false statement to social security back in 2002,the company have always been aware of this with previous DBS checks, and they promoted me to manager of current unit with this, cqc also registered me with this. I've had to complete another DBS, for adult and children's services. When I took this to HR today, they told me that they would have to check this with someone else as it is a new
Service to see if there is a problem. Could there be a problem? If so, what could happen?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. firstly can you give me your total length of service with the company please.
Customer: replied 2 years ago.
I've been employed by them since March 2004. Manager since April last year, registered with CQC since June last year.
Expert:  Ben Jones replied 2 years ago.
OK thank you for that information I will get my advice ready for you on how to proceed with this please leave this with me and I will get back to you ASAP.There is no need to wait on here I will email when ready regards Ben.
Expert:  Ben Jones replied 2 years ago.
Thanks for your patience. Whilst this may be a new services your employment rights should not be affected and the employer cannot just consider dismissal for example. This is an historic criminal record, it is also something which the employer was aware of all this time and it is not a surprise that you had this. You have not acted in a manner which would amount to misconduct either, such as trying to hide that from them.
The record is not for an offence involving children and as such it should not affect your ability to perform that job. Thai may have made you unsuitable for such a position but on the facts it does not affect the performance of that job and also there are no other reasons to doubt your qualities as you have been with them for a number of years with no issues and they know that you are a reliable employee
So it is best to wait and see what they say but I would hope they come back clearing the way for you to start working in this position.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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