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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49814
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was dismissed six years ago but have been in continual employment

Customer Question

I was dismissed six years ago but have been in continual employment since. My trust is restructuring and as it's a director post I have to complete a fit and proper person test which includes disclosure of past dismissal. Can the trust appoint me to the role. It's an nhs director role
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello do you mean if despite the dismissal they can still appoint you?
Customer: replied 2 years ago.
Yes also to note my current role has been disestablished as a result of the restructure and I have been doing the directors role on an interim basis whilst the consultation goes through since Jan 16. I have had an exemplary hr record before and since the dismissal
Expert:  Ben Jones replied 2 years ago.
Hello, just because you have been dismissed in the past does not legally prevent you from applying for or holding such a position. However, they may have their own intenal policies and criteria which they use to detemine if you are fit and proper in their eyes. As such policies are internal i obviously do not know what criteria they may use to come to such a decision. Worst case scenario is that such a policy says if the has been a dismissal in the past you are automatically ineligible for this position and they apply it rigidly and reject you. On the other hand they can be flexible if they wanted to. As mentioned legally it does not prevent you from working in this post so it is entirely up to them to decide if in their eyes this should be a relevant factor. There is jo other way to find out apart from to apply and see what they say. Do not assume the worst yet though and just go through the application process and let them make a decision. If they reject you as a result of the dismissal then that is their choice and it is not a law that would govern it. I would hope that since it was a one off and some years ago and you have had an unblemished record since, that it is not considered relevant. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 2 years 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.