Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
How long ago was the offence committed? Also, was it a requirement to disclose this information during the application process or at the start of the employment?
How long have they worked there for now?
OK thank you, ***** ***** it with me. I am in court for the rest of today so will prepare my advice in a while and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
The issue here is that if this person has been continuously employed at their place of work for less than 2 years then their employment rights will unfortunately be somewhat limited. Most importantly, they will not be protected against unfair dismissal. This means that their employer can dismiss them 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 he was trying to assert any of his statutory rights (e.g. requesting paternity leave, etc.).
If the dismissal had nothing to do with any of the above exceptions then they would not be able to challenge it and their only protection would be if they were not paid their contractual notice period, because unless they were dismissed for gross misconduct, they would be entitled to receive their contractual notice period. This is not gross misconduct because the conviction happened after they took the job so unless they specifically failed to mention this when they had a contractual obligation to do so, it would not amount to gross misconduct.
Therefore, a dismissal is indeed possible I the employer wants to go down that route. In terms of whether they would be notified, they would not be notified by the DBS unless a new DBS check is made.
I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please get back to me on here and I will assist further as best as I can. Thank you
What is the nature of the job?
What is the nature of the job please?