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Ben Jones
Ben Jones, UK Lawyer
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Is your employer legally able to demand that you sign a criminal

Customer Question

Is your employer legally able to demand that you sign a criminal record disclosure form. This is a new request following 6 years employment. There is no contact with vulnerable people through this employment. Nor are there any serious convictions and none concerning honesty, violence or sexual offences.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones : Hello, my name is Ben and it is my pleasure to assist you with your question today. What type of job is this?
JACUSTOMER-kmqkiuuh- : Offshore oil work, frequently abroad.
Ben Jones :

It is not just jobs that involve contact with children or vulnerable adults that can ask for a criminal records check. There are many other professions which can ask for a criminal check, whether at the beginning of the employment or partway through it.to be honest an employer could introduce a policy where they require new and existing employees to undertake such a check. Whilst that in itself would not necessarily be an issue, the main issue is what they do with the results of such checks. Even if some adverse entries on the checks appear, existing employees should not be overly concerned about their job security as a result of that. An employer cannot just use any entry on your criminal record to try and dismiss you for example. This could only happen in extreme circumstances where the criminal entry is serious enough to show that you are no longer suitable to perform your job and there is nothing that can be done to avoid a dismissal. For example a teacher being convicted of child sex offences, a banker being convicted of fraud and so on. It has to be something serious enough to make the employer have no trust and confidence on you being abler to perform your specific job and in this case it is unlikely there would be much you would need to worry about especially as you mention there are no serious adverse entries on your record.

Ben Jones :

Hope this clarifies your position?

Ben Jones :

Hello, I see you have accessed and read my answer 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? I just need to know whether to close the question or not? Thanks

Expert:  Ben Jones replied 2 years ago.
Hello Neil, could you please let me know if I have answered your original question or if you need me to clarify anything else for you in relation to this – this is needed so I can either keep the question open or close it if no further advice is required? Thank you

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