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 propertylawyer Your Own Question

propertylawyer
propertylawyer, Solicitor
Category: Law
Satisfied Customers: 270
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
94563951
Type Your Law Question Here...
propertylawyer is online now

I may have a dilemma I have been promoted at work I have

Resolved Question:

Hi I may have a dilemma I have been promoted at work I have been employed by the same company for almost 14 yrs but have spent convictions from over 30 years ago could they take action to dismiss me my position may need a vetting process
Submitted: 11 months ago.
Category: Law
Expert:  propertylawyer replied 11 months ago.

Hi Mark

Thanks for your question.

What is part of the vetting process? What type of criminal record check?

Your spent convictions will not be revealed by a basic criminal record check. they will be revealed on a standard or enhanced criminal record check.

Does your position require you to have no previous convictions? Were you required to disclose any criminal convictions when employed 14 years ago?

What is your job and what are your spent convictions for?

Customer: replied 11 months ago.
Hi Thanks
No I was not asked about any record my position may involve being a deputy port facility security officer my offences where theft and burglary I have checked and they are spent
Expert:  propertylawyer replied 11 months ago.

Thanks. It will depend on the type of check used as to whether the spent convictions will be revealed. Whether the spent convictions will have a detrimental effect on your potential promotion will depend on the employer 's criteria.

Customer: replied 11 months ago.
Thanks what I was after really would they be able to dismiss if my spent record is revealed I have been in the position for over a year and employed for 14 yrs
Expert:  propertylawyer replied 11 months ago.

If the issue does arise you will need to seek specialist advice. Your position would be to claim that the dismissal is an unfair dismissal based on the fact that the convictions are spent and have been so for considerable time which include being so for considerable time before your initial appointment and should be disregarded.

Furthermore, there could be procedural issues/irregularities here, you have been in the new position for 1 year - is it now reasonable for vetting to take place one year after appointment and 14 years after initial appointment.

Without knowing all of the facts surrounding your initial employment, criteria for the job, criteria for the promotion, whether there are any specific statutory regulations relating to your job and past criminal convictions it is difficult to advise. It goes beyond the extent of this service. It is impossible to give advice without all of the facts. The contract of employment, company procedures and any statutory regulations would need to be examined and considered which is obviously beyond the scope of this service.

I hope this is helpful.

propertylawyer, Solicitor
Category: Law
Satisfied Customers: 270
Experience: Property Solicitor with expertise in commercial and residential property transactions.
propertylawyer and other Law Specialists are ready to help you

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
< Previous | Next >
  • http://ww2.justanswer.co.uk/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.co.uk/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.co.uk/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.co.uk/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.co.uk/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.co.uk/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.co.uk/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