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Ask Max Lowry Your Own Question

Max Lowry
Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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7 years ago I committed benefit fraud. I have been told that

Customer Question

7 years ago I committed benefit fraud. I have been told that after 5 years it is wiped off my record, and now my present company wants a crb check. Please advise whether I am able to say "no" when asked if I have committed an offence ?? and should I have to admit this offence is it grounds for dismissal .. I work in a Drs surgery and know they are concerned re children, drugs etcc. and I have been there for 3 years/
Submitted: 3 years ago.
Category: Law
Expert:  Max Lowry replied 3 years ago.

Max Lowry :

Hi, welcome to Just Answer. I will help you with your question.

Max Lowry :

Why does your employer want a CRB check?

Customer :

We have a new Practice Manager and wants everything done by the book. We all have to do one

Max Lowry :

Okay. It's best to comply with this type of request and allow them to obtain a DBS/CRB check as a failure to do so, may permit the employer to dismiss.

Max Lowry :

If there is a legitimate reason, it would likely be viewed a reasonable requirement under your contract of employment to obtain the check, and in fact, your employment contract might require this anywya.

Customer :

so can u tell me then does is get wipped off after 5 years or not

Max Lowry :

It does not get wiped off after 5 years and could remain there indefinitely under current rules.

Customer :

I have already done the dbs on line but im worried what might come out and also I have to sign a form stating that I have not committed any offences.

Customer :

our contract doesnot same anything about this

Max Lowry :

Is there not something about following the employers reasonable instructions?

Max Lowry :

Or words to that effect?

Customer :

not too sure I wud have to check.. I am willing to comply but worried now if it comes to light is it grounds for dismissal ?

Max Lowry :

Even if not, that type of term would be employed anyway into a contract of employment.

Max Lowry :

It's not likely to be grounds for dismissal so long as you didn't lie when you were asked about convictions when you applied for the job.

Customer :

I was never asked

Max Lowry :

Then I expect you should be okay.

Max Lowry :

If it was revealing offences involving children, then I could see some merit in saying that this was a problem. But, this is a different thing, and you have served your punishment, and so you're as entitled as anybody to look for work again. I don't think this should necessarily impact upon you working in a Drs surgery.

Customer :

I feel kind of nervous saying "u think" this would have any impact. Ive been told by associated that this is the case, that is why I am asking for legal advice.

Max Lowry :

At the end of the day, its up to your employer what to say and whether it dismisses you - you cannot stop them doing that if they choose to. However, if they do, then you're going to likely claim for unfair dismissal. So, nobody can guarantee what effect it might have or not on your job as this is down to the people that employ you, but my feeling is that they will not dismiss you due to the risk of you suing then for unfair dismissal.

Customer :

so if thats all you can say is you think I do not feel this is an adequate answer. thank u

Max Lowry :

I dont understand your point?

Max Lowry :

How can I tell you what your employer will choose to do?

Max Lowry :

Can you help me understand your point?

Customer :

If I went to a solicitor in an Office I would hope to come out and feel satisfied and secure with their answers .... yours do not as you say " think" all the time which I cannot feel comfortable with. soirry

Max Lowry :

How about "I believe"?

Max Lowry :

And I used the therm "I think" once.

Max Lowry :

There is no guaranteed answer as I have no crystal ball. I cannot tell you what your employer will do.

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