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Ben Jones
Ben Jones, UK Lawyer
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I was dismissed because it was claimed I did not have a

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I was dismissed because it was claimed I did not have a satisfactory DBS. My contract stated employment was subject to a satisfactory DBS (though it did not specify what "satisfactory" was). HR subsequently told me I had an unspent conviction. They were wrong; the conviction was spent and proof was shown. As I was employed for only 15 months I cannot claim unfair or wrongful dismissal - but do I have a case for breach of contract?
Submitted: 11 months ago.
Category: Law
Expert:  Ben Jones replied 11 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. What is the exact breach you are trying to rely on please?

Customer: replied 11 months ago.
The contract states "employment is dependent on a satisfactory DBS." After the dismissal I was told I did not have a satisfactory DBS...that I had an unspent conviction. A satisfactory DBS is no unspent convictions. In fact, the conviction was spent so they had no grounds to dismiss me for not having a satisfactory DBS when, by what they told me, it WAS satisfactory. They got the dates wrong. Surely they have breached their contract by dismissing for not having a satisfactory DBS when it was satisfactory?
Customer: replied 11 months ago.
You still there?
Expert:  Ben Jones replied 11 months ago.

Hi there, I am afraid that this is not a breach of contract. This is an unfair dismissal matter, against which you simply have no protection at this stage. Employing you and saying that your employment is subject to a satisfactory DBS does not mean that they have to keep you on and not be able to dismiss you at all. They still can as long as they follow the termination clauses in your contract. A breach of contract would have been if they dismissed you by not following the termination clauses, such as by not giving you the notice they are required to give you. However, a contract does allow an employer to terminate someone if they provide the required notice so regardless of what the reasons for that are, it is still allowed under contract to terminate someone. So unless you can show that they had not paid you the required notice for termination, you cannot challenge this as a breach of contract I’m afraid.

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

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