How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44867
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

I am a coach operator and undertake work , i

Customer Question

Hi, I am a coach operator and undertake work for schools, i have recently started my own business and had to apply for an upto date DBS certificate before schools would hire me. Although it is clear that i am not on the barred list for working with Child or vunarable adults, one of the schools (where my ex partner works as a dinner lady) are still not happy with this will not use me based on previous convictions that are now all spent. The convictions are as long as 25yrs ago. The most recent was in 2008 but i was only cautioned and not convicted. This was to do with an incident concerning my ex parntners boyfriend at the time and i had to defend myself when he attacked me from behind. I have been on Gov.Com and found the following information.
******************************************************************
Exceptions
If the job requires a criminal record check, and this shows that someone’s not suitable for a job because of a spent conviction or caution, the employer can withdraw a job offer. The employer should tell the applicant that an exception applies.
Criminal record checks are carried out by the Disclosure and Barring Service (DBS), which used to be the Criminal Records Bureau (CRB). CRB checks are now called DBS checks.
It’s against the law to refuse someone a job because they’ve got a spent conviction or caution, unless it’s because a DBS check shows that they’re unsuitable.
******************************************************************
Whilst working for my previous employer i undertook work for this school and they were happy with my then CRB, which stated the exact same convictions as what is stated on the new DBS and there are no new convictions recorded as there have been none. Approx 2 years ago my ex partner made an accusation to the police that i had assaulted her and the said school then asked my previous employer not send me on any jobs for them until the court hearing had passed. I was found not guilty as my partner had made several false staements and lied. I feel that i am now being victimised by this scchool to no fault of my own. I appreciate that they do not have to use my company but it is reason that theyare notusing me i find extremely unfair and wish to know if i have ground to make a complaint or have a case aginst them
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Customer: replied 10 months ago.
Hi Ben have you read my question
Expert:  Ben Jones replied 10 months ago.
Yes, I was about to ask you if they have specifically told you why they are not using you?
Customer: replied 10 months ago.
No they gave no specifics i handed my DBS certificate in for them to make a copy and the receptionist took it straight to the head. When she cam back she said just look at it, i advised that all they need for me to complete work for them is that i am not on the barred list and the convictions are from when i was under 20 yrs of age bar 2 (i am 48yrs) she just stated that they would not be using me. I said i felt like i was being victimised and would take this further. She then said i they were an acadamy and not under any council or government body to make answers to.
Expert:  Ben Jones replied 10 months ago.
What you have read on the Gov.uk site is correct and this is a right which you get under the Rehabilitation of Offenders Act 1974. However, the issue is that it does not provide for any enforcement action which could be taken in the event an employer does act in contravention and refuses to employ someone due to their spent criminal record. So whilst in effect you could state that they have not followed the law through their actions, you cannot actually do anything about it if they refuse to change their mind. So it is only a law which you can quote as far as reminding someone of what they can and can’t do, but not something which you can actually take action against if there is a continuous breach. In reality, there is very little you can do here to challenge them. Firstly, as mentioned above you cannot make any claim for their failure to employ you for these reasons. Secondly, you cannot necessarily prove it is for this reason either – it may be clear to you that this may be the reason but in reality it could be something else and they do have the right to decide who they employ, even if it has nothing to do with your DBS check. In the circumstances, all you can do is remind them of what they should and should not do and hope they change their mind as a result but if they do not, then unfortunately the law does not really allow you to take it any further. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Customer: replied 10 months ago.
Thanks Ben, am i in my rights to ask them to provide the exception they using that makes me unsuitable as per the info on the .Gov site. I completely understand that they do not have to use me it is just the reason of not using me i find hard to accept. I have handed the DBS certificate to all the schools within the area and they are all more then happy to hire me inthanks
Expert:  Ben Jones replied 10 months ago.
You can ask them why they are not using you but they can refuse to tell you. Again, you cannot use anything to actually force them to provide reasons - there is no legal requirement on them to provide you with the reasons they have chosen not to work with you. So you have nothing to lose by asking them, but remember that if they do not tell you then you cannot force them to do so. Hope this clarifies?
Expert:  Ben Jones replied 10 months ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice