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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50140
Experience:  Qualified Solicitor
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I have a criminal conviction and im about to tupe over to

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I have a criminal conviction which involved a short custodial sentence for fraud andI'm about to tupe over to a new employer. Can they refuse continuity of employment? My current employer never asked about any convictions at interview stage or on any forms so I was not obliged to disclose. Of course I will disclose this info to my new employer as it is a question on one of their employment forms, however, where do I stand? I have worked for two half years with good character and my job does not involve handling of any money.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What is your job?
Customer: Hi Ben, I am a Facilities Assistant for a Facilities Management company contracted to work on site carrying out all FM requirements for a utilities company. I have been working on site for nearly two and half years and have been promoted once. I am just worried that when I declare my conviction that continuity of my employment may cease and I don't know where I stand in relation to employment law. My conviction happened at a time when I was mentally ill with post natal depression and I was joint owner of my own company. I deeply regret what happened and have before and after this time been of good character. What do you think?
Ben Jones :

Good morning. When TUPE applies to a transfer, the new employer has a duty to automatically take over any affected employees and their continuity of service will be preserved. You have over 2 years’ service at present which means you are protected against unfair dismissal and if the new employer refuses to take you on then it will amount to a dismissal and they would need to justify it as being fair and also would need to follow a fair procedure.

As far as the fairness of a potential dismissal is concerned, it is unlikely that the employer can justify it being fair in the circumstances. The fraud conviction does not affect your ability to do the job. As you mentioned you are not working in an environment where trust is of a particular concern (such as the financial sector or handling cash). Historical convictions can rarely justify a dismissal unless it actually affects the person’s ability to perform their job or casts serious doubts over their fitness to do it or if there will be a serious effect on the company’s reputation if clients/customers were aware of it and it would affect their business.

I do not see any of these applying so if the new employer refuses to take you on then you would be able to consider a claim for unfair dismissal.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether you need further help or if I can close the question? Thank you

Customer: Hi my apologies I did respond on Sunday but it must not have sent. Thank you for your quick response it was most helpful and has put my mind at ease. Just one more thing, I am going to complete all the new employer forms today and list my offence. Do you think it would be helpful to enclose a short disclosure letter or will this be bringing too much attention to the fact?
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