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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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hi can you help me.my boss is opening up a post office and

Resolved Question:

hi can you help me.my boss is opening up a post office and we have to do crb check,s i was charged with theft over 40 year,s ago will that still be on my file?thank you
andrea
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Do you know what level of check will be carried out? will it be an enhanced check?

taratill :

How long have you worked there for as well?

Customer:

hello jenny i,m not sure whal level of check is being done.i,ve worked their for just over three year,s.

taratill :

will you be required to work in the post office part of the business?

Customer:

yes i will

taratill :

Ok in that case it may well show as, given that you will potentially be dealing with financial products, they are allowed to ask for enhanced disclosure.

taratill :

If it does show your employer will need to decide whether this affects your employment. As it is so long ago they may not be too worried about this.

taratill :

Enhanced disclosure will show all offences whether spent or not.

Customer:

will i still be able to work my normal job/

taratill :

yes , if your normal job still exists they cannot dismiss you for the information on the crb. It would amount to unfair dismissal.

taratill :

If you would like any further information about this please do let me know.

Customer:

i no my boss will make it uncomfortable for me to carry on working their.i,m really worried about it

taratill :

They are not entiteld to do that. If they do you should raise a grievance saying that if you are treated badly you will resign and claim constructive dismissal.

taratill :

Please let me know if there is anything further you would like to knwo?

Customer:

still worried bout out come

taratill :

I can understand that BUT as you have been with them for 3 years they cannot dismiss you from your normal job if this shows on the disclosure as they cannot say it impacts your ability to perform your duties. If you are dismissed you will win a claim of unfair dismissal. If they bully you or otherwise make it difficult for you to continue you will be able to raise a grievance and if it does not stop you will be able to claim constructive dismissal in the employment tribunal.

Customer:

thank you.if i have any problem,s with this i will contact you

taratill :

no problem, please do remember to rate my answer. You will still be able to ask follow on questions.

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