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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I was accuased by my work colleague of sexul assult in August

Resolved Question:

I was accuased by my work colleague of sexul assult in August 2013, although it was just a frendly pat on the back. she went to the police 4 weeks later and made a complaint against me and the story she told i was completly shocked. I was asked by the police to give my statment, i was not arrested. no further action was taken by the police. My DBS is clear, can i apply for a job in the child care sector or i will be discriminated due to the complaint made against me.
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.


If you were going to work in the child caring sector, then you would need an Enhanced DBS check. Even though your DBS history is clear in a sense that you have no formal convictions or cautions/warnings, the enhanced checks allow the police to include any additional information that is included on local police intelligence databases about you. This could include the complaint against you and if the officer that prepares your check believes that this is relevant information to your application for the job they could potentially include that in the check. Unfortunately, there is no way to find out in advance if this was to happen and one person on one day could decide to include, another on a different day may believe it is not relevant and omit it.

Customer:

I have recent enhaneced DBS and its clear.

Ben Jones :

a current one?

Customer:

yes

Customer:

most recent one

Ben Jones :

ok you could use that for a job now, but they do expire so if you have to get a new one in the future then there is always a possibility that the information could be included - remember that each one is done separately and a different person would prepare it and decide for themselves whether they should include the information on it, and it would also depend on the job you are applying for

Customer:

if its not on the record can i still be declined for the child care job. i know that it has to be done every 2 yeras.

Ben Jones :

at present it is unlikely you will be declined a job as long as you are honest when answering any questions before you are employed

Customer:

yes i told them everything but one manger is refusing to take me on saying that because i had an alligation against me even though it was a malicious.

Ben Jones :

Unfortunately the employer can decide to refuse to employ you on whatever reasons they want, as long as they are not discriminatory (based on gender, age, religion, race, disability, etc) but I am afraid this allegation is not a discriminatory reason so it is legal for them to refuse to employ you based on it if they wanted to

Customer:

even though you are proven inocent.

Ben Jones :

yes, because it is not a discriminatory reason

Customer:

where does it leave me leaglly.

Ben Jones :

Even if there was no allegation made against you, they could just decide not to employ you for no particular reason, as long as there was no discrimination, which as mentioned there is none in this case.


 


Legally it would be difficult to take the matter any further – you cannot take any action against the employer as they have done nothing wrong legally, and to pursue the person who made the allegation is going to very complex and expensive as you are looking at a claim for defamation and these cost thousands and are very risky.

Customer:

ok thanks.

Customer:

have a good day.

Ben Jones :

you are welcome, all the best

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46792
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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