Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. How long have you worked there for? What is the conviction going to be for?
ok thanks leave it with me please I am travelling back just now but will reply later this eve
Thanks for your patience. There is no specific rule which says that someone has to be dismissed because they are being investigated for, charged with or have been convicted of a criminal offence.
First of all you should look at the ACAS Code of Conduct, which states:
"If an employee is charged with, or convicted of a criminal offence this is not normally in itself reason for disciplinary action. Consideration needs to be given to what effect the charge or conviction has on the employee's suitability to do the job and their relationship with their employer, work colleagues and customers"
Reputation can also affect the employer’s decision. In Leach v The Office of Communications, a senior civil servant working for a high profile public authority was dismissed fairly after his employer discovered that he was being investigated for sexually abusing children. Although he denied the allegations, was never convicted and the allegations had no direct bearing on his work, it was fair for the employer to dismiss in the circumstances due to the "reputational risks".
So there is a possibility of dismissal here, if the nature of the conviction (there is a certain degree of stigma attached to child-related sexual offences) means the employer’s business will be affected or that their reputation would be on the line if they continue employing you. It does not mean that you cannot challenge it though and that is always an option for you if needed.
This is your basic legal position. I have more detailed advice for you in terms of the options you have to challenge a dismissal if needed, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
As you can imagine this is not just limited to civil or care sector workers.
How fair is to dismiss me on that point? If it affects their business in terms of not being able to get work from tenders then it could be a fair reason eventually. But it should not just be in relation to one tender, they must identify that this is going to have an ongoing effect on their ability to get further work
What rights I have? Your rights only really kick in after a dismissal, in the meantime all you can do is raise a grievance or appeal any dismissal
What employer must try to do, before dismiss me? See if there are ways to avoid this, like placing you in another position or looking for ways to reduce the effects of this, like discussing with the clients
If they dismiss me, is there any point to go for tribunal? Yes and as mentioned I can discuss the options you have in relation to that
Thank you, ***** ***** are any doubts or evidence that the requirements for a fair dismissal have not been satisfied, an appeal can be submitted to the employer straight after the disciplinary outcome is communicated. If the appeal is rejected a claim for unfair dismissal can be made in the employment tribunal. The time limit to claim is 3 months from the date of dismissal and the claimant needs to have at least 2 years' continuous service with that employer.
A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal.
If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement.
The conciliation procedure and the form to fill in can be found here:
In terms of the time limits within which a claim must be presented, the early conciliation process places a ‘stop’ on that and the time between notifying ACAS and them issuing permission to proceed with the claim would not count for the purposes of these time limits.