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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48718
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am currently working as a children and family social worker.

Resolved Question:

I am currently working as a children and family social worker. However many years prior to graduating from university I had a history of substance misuse and was supported by socal services within my own local authority. If my current employers became aware of this could my employment be terminated?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

How long have you worked there for?

Customer:

Since April 2013

Ben Jones :

OK, thank you, XXXXX XXXXX this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you

Customer:

Thanks

Ben Jones :

Whilst strictly speaking they should not be taking these issues into consideration when deciding whether to keep you on or not, there is unfortunately nothing stopping them from doing so. The issue you will face is that if you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.). In


 


If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it and your only protection would be if you were not paid your contractual notice period, because unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. Having past criminal issues will not be gross misconduct, unless you were specifically asked to disclose these and lied to the employer. However, if you were never asked about these and always told the truth then it will not be gross misconduct, but it would still allow your employer to dismiss you with notice in the first 2 years of your employment. Of course there is no guarantee it will happen but these are your legal rights in the event the employer decides to dismiss.

Ben Jones :

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?

Customer:

Hi, that's great. After two years in post would they be able to terminate my employment?

Ben Jones :

only if this has an effect on you conducting your job, but if it is an old issue and you have had no problems since, then they would find it difficult to justify it still has an impact on your job

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