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propertylawyer, Solicitor
Category: Law
Satisfied Customers: 288
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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I may have a dilemma I have been promoted at work I have

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Hi I may have a dilemma I have been promoted at work I have been employed by the same company for almost 14 yrs but have spent convictions from over 30 years ago could they take action to dismiss me my position may need a vetting process

Hi Mark

Thanks for your question.

What is part of the vetting process? What type of criminal record check?

Your spent convictions will not be revealed by a basic criminal record check. they will be revealed on a standard or enhanced criminal record check.

Does your position require you to have no previous convictions? Were you required to disclose any criminal convictions when employed 14 years ago?

What is your job and what are your spent convictions for?

Customer: replied 1 year ago.
Hi Thanks
No I was not asked about any record my position may involve being a deputy port facility security officer my offences where theft and burglary I have checked and they are spent

Thanks. It will depend on the type of check used as to whether the spent convictions will be revealed. Whether the spent convictions will have a detrimental effect on your potential promotion will depend on the employer 's criteria.

Customer: replied 1 year ago.
Thanks what I was after really would they be able to dismiss if my spent record is revealed I have been in the position for over a year and employed for 14 yrs

If the issue does arise you will need to seek specialist advice. Your position would be to claim that the dismissal is an unfair dismissal based on the fact that the convictions are spent and have been so for considerable time which include being so for considerable time before your initial appointment and should be disregarded.

Furthermore, there could be procedural issues/irregularities here, you have been in the new position for 1 year - is it now reasonable for vetting to take place one year after appointment and 14 years after initial appointment.

Without knowing all of the facts surrounding your initial employment, criteria for the job, criteria for the promotion, whether there are any specific statutory regulations relating to your job and past criminal convictions it is difficult to advise. It goes beyond the extent of this service. It is impossible to give advice without all of the facts. The contract of employment, company procedures and any statutory regulations would need to be examined and considered which is obviously beyond the scope of this service.

I hope this is helpful.

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