Employment Lawyers Can Answer Your Employment Law Questions
I have recently been charged with perverting the course of justice and if convicted I will hold a criminal record. I supplied false information in relation to avoid loosing my driving licence. What are the implications regarding my job. Do I need to inform my employer? I does not state so in my contract? I will obviously have to tell them if I receive a custodial sentence. Additionally, how long does an offense stay on a CRB for? Finally, I lecture part time too. Can you lecture or work in a college environment can you teach with a criminal record?
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. You say that you have to inform them if convicted and issued with a custodial sentence - is this a requirement under your contract?
Sorry Ben wrote it incorrectly, I meant to say it does not state in my contract.
Hi, you do not automatically need to inform your employer of this unless your employment contract or a workplace policy required you to do so. You would certainly not have to inform them of anything until you are formally convicted so the fact you have a pending court case would not require you to do anything at this stage. In terms of the offence staying on your criminal record then that would depend on the nature of the conviction. The rehabilitation period would depend on what the outcome of the case was and what conviction you received. You can find a summary of these here:http://www.lawontheweb.co.uk/Road_Traffic_Law/Rehabiliation_of_Offenders_ActThe fact you may get a criminal record would not automatically prevent you from working or teaching in a college. This would usually only be an issue if you were convicted of offences that involve children or seriously impact your ability to do your job. That does not mean the employer could potentially look into terminating your position though, especially if you have less than 2 years service with them because until you have 2 years service with them you are not protected against unfair dismissal so they could dismiss you for more or less any reason, including this one. But this is the worst case scenario so do not automatically think it would end up that way.
Hope this clarifies your position? If you could please let me know that would be great, thank you
Thanks Ben, If convicted and a prison sentence is given for say three months. Would the only option be termination of employment? Or is this totally dependent on the employer?
No, it is not the only option but can be likely if you are no longer available to undertake your duties. Some employers could be understanding and allow you to remain off work unpaid for the time being, keeping your job open but others could end up in termination - you need to discuss this with the employer in advance
Ben I have just reviewed the link you sent me. So am I right to say. If convicted and say I receive a sentence of three months. The rehabilitation period is two years. So after these two years I no longer have a criminal record and do not need to disclose this to an employer? Also is it then removed from a CRB or does it stay on for good?
what level of checks are you subject to - standard one, enhanced one?
if it results in a custodial sentence it will never be removed from these checks and in any event enhanced checks have a box for 'additional information' which could include details of this for as long as it is deemed necessary by the police. The rehabilitation period simply means that once it has passed you do not have to declare this if asked if you have a criminal record or an unspent conviction
Great advise Ben, final question does the same apply for a suspended sentence?
yes it does, it is treated as a normal custodial sentence
Thanks Ben. One final question and then I have all my answers. I currently hold the DPS for one of the hotels I control. Do I loose the right to hold this as it is associated with a liquor licence?
I am afraid this is a licencing issue, not a legal one, I cannot comment on this and ou would need to check with the licencing authority over this
Hi Ben. Following on from this, I spoke to our HR Manager in confidence regarding this matter and asked if the meeting could be in confidence and she highlighted yes. I have now found out that she has actually recorded the conversation on her phone and played it back to my Director without my knowledge. This has now jepordised my position and I feel totally betrayed. Has she a right to record a confidential conversation and to take the action she did? I have been with the company for 14 months.
Hi Ben. Following on from this, I spoke to our HR Manager in confidence regarding this matter and asked if the meeting could be in confidence and she highlighted yes. I have now found out that she has actually recorded the conversation on her phone and played it back to my Director without my knowledge. This has now jepordised my position and I feel totally betrayed. Has she a right to record a confidential conversation and to take the action she did?