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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44932
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have a simple caution of a class drug

Customer Question

I have a simple caution for possession of a class B drug which was immediately spent. I have attained a new job as a mechanical engineer and when I applied they asked for any unspent convictions to which I honestly replied no.
I have a training period however coming up at HMS sultan naval engineering base for 6 weeks and their checks include wanting to know about any unspent or spent convictions and thus I will have to declare this to HMS sultan. My job will thus find out about my spent conviction. Can they dismiss me once they find this out? Even though the initial application only asked for unspent convictions.
I have already signed a contract of employment having passed a drug and alcohol screening and the simple caution was purely for a stupid mistake I did 5 years ago
Thanks in advance
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How long have you worked for this employer?
Customer: replied 1 year ago.
I commence employment with Network Rail on the 7th September 2015 this year. I have already passed their own security check and a drug and alcohol screening however the initial 6 week training period will be taking place at the HMS sultan (engineering training base) and they want to know about both spent and unspent convictions.
Network rail only asked me if I had any unspent convictions and thus I thought everything was fine. However could network rail prevent my employment due to HMS requesting a CTC check on both spent and unspent convictions.
Expert:  Ben Jones replied 1 year ago.
You have not done anything wrong in your declarations so far because a caution is not even a conviction so if you were asked to declare unspent convictions you would not have been required to mention it. However if the employer finds out about it there is technically nothing stopping them from taking it into consideration. The issue is that until you have at least 2 years’ service with an employer you are not protected against unfair dismissal. This means that you could potentially have your employment terminated for more or less any reason, including this one. The employer would have to pay you for the contractual notice period you are entitled to as you were not guilty of gross misconduct. However you would not be able to challenge the termination of it came to that. But all of this is a worst case scenario. There is no guarantee it would get to that. I would hope the employer would be fair and not take this into account and most employers would not as it obviously was not part of their recruitment considerations.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.

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