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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47864
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Im shah rahman. Iv been working hotel a year then I got my

Resolved Question:

Hello hi im shah rahman. Iv been working for this hotel for over a year then I got my self full contact on march. Last week my crb came back to them. They was not happy an terminated contact coz of my crb says iv been in prison for drug offences. I came out of prison on April 21 2015 got to work with in 4 days of being out of prison. I work hard did look back.on my past not once only move forward had a lovely son on 21 feb 2016. The system dont help at all. They put u in prison once u out ask to go probation. My probation are very happy with me I came out got my self a job. Coz that was part of my sentens plan.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 1 year ago.

Did you disclose this to your employer at anytime prior to them carrying out the check?

Customer: replied 1 year ago.
Hello iv been working for tjis hotel nearly one year as an agency work. I work hard an got my self full time contact on mach 21 this year. I was at prison for drug offences came out. 4days after I got this job. When I did my crb I filled it in. It only said have I got any unserved sentences. I dont. I served my sentences
Customer: replied 1 year ago.
I did not
Customer: replied 1 year ago.
Is it say in the world people get second chance in life. Iv worked fir tjis contact
Expert:  Ben Jones replied 1 year ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Customer: replied 1 year ago.
Because of the system telling me I.e probation saying one of my sentences plan is to get a job. I did. Its not like was any risk to my work environment in anyways. I worked hard an got my self a contract proving in trusted to work in this hotel/aparment as a concierge/porter
Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. The issue you are going to face here is that because you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.). In the event that the reason for dismissal fell within these categories, then the dismissal will either be automatically unfair, or there will be a potential discrimination claim.

If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it and your only protection would be if you were not paid your contractual notice period, because unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice.

If you were not paid your notice period when you were due one, that would amount to wrongful dismissal (which is different to unfair dismissal) and you could make a claim in an employment tribunal to recover the pay for the notice period that you should have been given. There is a 3-month time limit from the date of dismissal to submit the claim.

So whilst you may have done nothing wrong in the job or the application process and had served your time in relation to the offences and paid for it in the past, it does not prevent the employer from dismissing you. They are legally able to do this simply because you have less than 2 years service with them. It is a moral issue really rather than a legal one now.

This is your basic legal position. I have more detailed advice for you in terms of the options you have should they have not paid you the notice period due, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 1 year 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.

Customer: replied 1 year ago.
4+
Expert:  Ben Jones replied 1 year ago.

Thank you, ***** ***** paid your notice period?

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