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Ben Jones
Ben Jones, UK Lawyer
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When applying for a nursing job with vulnerable adults and

Resolved Question:

When applying for a nursing job with vulnerable adults and the question is posed "have you had any convictions, cautions, reprimands, final warnings", does the term "final warning" just refer to Police matters or is final warning include employment disciplinary issues.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

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

Ben Jones :

Could you explain your situation further please?

Customer:

Given a disciplinary final warning just before retirement from NHS . NOw looking for nursing agency work

Ben Jones :

OK thank you, ***** ***** it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this afternoon. There is no need to wait and you will receive an email when I have responded. Thank you

Ben Jones :

Many thanks for your patience. In this context this would refer to criminal matters only, so a final warning issued by the police in relation to a criminal matter. It would not include any written or final warnings that were issued in previous employments. So the fact that you have received a final warning in a previous job is not something that needs to be disclosed in this question. If they wanted you tro disclose this then they would have specifically referred to it as something that happened in an employment setting, not in a criminal one, which the wording you have provided shows.

Hope this clarifies your position? If you could please let me know that would be great, thank you

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? Thanks

Customer:

Thank you that's what I thought. However when I did disclose this disciplinary in a job interview I could have kicked myself because instead of giving me the registered nurse job I applied for, they only offered unqualified health care assistant work. As I was at a low ebb I said I would take it They are now DBS checks and collecting references.

Ben Jones :

If you agreed to take the job which they offered you instead then that may now prevent you from challenging them over this decision because you consented to the changes and had agreed to start working on what was on offer at the time. An unfortunate situation to be in but hope your legal position has been clarified somewhat?

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? Thanks

Ben Jones :

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Ben Jones, UK Lawyer
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Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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