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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49794
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am a coach operator and undertake work , i

Customer Question

Hi, I am a coach operator and undertake work for schools, i have recently started my own business and had to apply for an upto date DBS certificate before schools would hire me. Although it is clear that i am not on the barred list for working with Child or vunarable adults, one of the schools (where my ex partner works as a dinner lady) are still not happy with this will not use me based on previous convictions that are now all spent. The convictions are as long as 25yrs ago. The most recent was in 2008 but i was only cautioned and not convicted. This was to do with an incident concerning my ex parntners boyfriend at the time and i had to defend myself when he attacked me from behind. I have been on Gov.Com and found the following information.
If the job requires a criminal record check, and this shows that someone’s not suitable for a job because of a spent conviction or caution, the employer can withdraw a job offer. The employer should tell the applicant that an exception applies.
Criminal record checks are carried out by the Disclosure and Barring Service (DBS), which used to be the Criminal Records Bureau (CRB). CRB checks are now called DBS checks.
It’s against the law to refuse someone a job because they’ve got a spent conviction or caution, unless it’s because a DBS check shows that they’re unsuitable.
Whilst working for my previous employer i undertook work for this school and they were happy with my then CRB, which stated the exact same convictions as what is stated on the new DBS and there are no new convictions recorded as there have been none. Approx 2 years ago my ex partner made an accusation to the police that i had assaulted her and the said school then asked my previous employer not send me on any jobs for them until the court hearing had passed. I was found not guilty as my partner had made several false staements and lied. I feel that i am now being victimised by this scchool to no fault of my own. I appreciate that they do not have to use my company but it is reason that theyare notusing me i find extremely unfair and wish to know if i have ground to make a complaint or have a case aginst them
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Customer: replied 2 years ago.
Hi Ben have you read my question
Expert:  Ben Jones replied 2 years ago.
Yes, I was about to ask you if they have specifically told you why they are not using you?
Customer: replied 2 years ago.
No they gave no specifics i handed my DBS certificate in for them to make a copy and the receptionist took it straight to the head. When she cam back she said just look at it, i advised that all they need for me to complete work for them is that i am not on the barred list and the convictions are from when i was under 20 yrs of age bar 2 (i am 48yrs) she just stated that they would not be using me. I said i felt like i was being victimised and would take this further. She then said i they were an acadamy and not under any council or government body to make answers to.
Expert:  Ben Jones replied 2 years ago.
What you have read on the site is correct and this is a right which you get under the Rehabilitation of Offenders Act 1974. However, the issue is that it does not provide for any enforcement action which could be taken in the event an employer does act in contravention and refuses to employ someone due to their spent criminal record. So whilst in effect you could state that they have not followed the law through their actions, you cannot actually do anything about it if they refuse to change their mind. So it is only a law which you can quote as far as reminding someone of what they can and can’t do, but not something which you can actually take action against if there is a continuous breach. In reality, there is very little you can do here to challenge them. Firstly, as mentioned above you cannot make any claim for their failure to employ you for these reasons. Secondly, you cannot necessarily prove it is for this reason either – it may be clear to you that this may be the reason but in reality it could be something else and they do have the right to decide who they employ, even if it has nothing to do with your DBS check. In the circumstances, all you can do is remind them of what they should and should not do and hope they change their mind as a result but if they do not, then unfortunately the law does not really allow you to take it any further. 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
Customer: replied 2 years ago.
Thanks Ben, am i in my rights to ask them to provide the exception they using that makes me unsuitable as per the info on the .Gov site. I completely understand that they do not have to use me it is just the reason of not using me i find hard to accept. I have handed the DBS certificate to all the schools within the area and they are all more then happy to hire me inthanks
Expert:  Ben Jones replied 2 years ago.
You can ask them why they are not using you but they can refuse to tell you. Again, you cannot use anything to actually force them to provide reasons - there is no legal requirement on them to provide you with the reasons they have chosen not to work with you. So you have nothing to lose by asking them, but remember that if they do not tell you then you cannot force them to do so. Hope this clarifies?
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.