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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49868
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Can someone be sacked for a being convicted of an offence

Customer Question

Can someone be sacked for a being convicted of an offence committed prior to employment? The offence was fraud by false and sentence is community service.Would the employers be notified?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

How long ago was the offence committed? Also, was it a requirement to disclose this information during the application process or at the start of the employment?

Customer: replied 1 year ago.
The offence was committed a week before employment. The person was not aware it was an offence, they thought it would just be a white lie. The person was caught after 6 months of being emoloyed. The person had to go through DBS before being employed.
Customer: replied 1 year ago.
The person was made aware it was a offence they committed 6 months after starting the job
Expert:  Ben Jones replied 1 year ago.

How long have they worked there for now?

Customer: replied 1 year ago.
8 months
Expert:  Ben Jones replied 1 year ago.

OK thank you, ***** ***** it with me. I am in court for the rest of today so will prepare my advice in a while and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 1 year ago.
OK thanks
Expert:  Ben Jones replied 1 year ago.

The issue here is that if this person has been continuously employed at their place of work for less than 2 years then their employment rights will unfortunately be somewhat limited. Most importantly, they will not be protected against unfair dismissal. This means that their employer can dismiss them for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because he was trying to assert any of his statutory rights (e.g. requesting paternity leave, etc.).

If the dismissal had nothing to do with any of the above exceptions then they would not be able to challenge it and their only protection would be if they were not paid their contractual notice period, because unless they were dismissed for gross misconduct, they would be entitled to receive their contractual notice period. This is not gross misconduct because the conviction happened after they took the job so unless they specifically failed to mention this when they had a contractual obligation to do so, it would not amount to gross misconduct.

Therefore, a dismissal is indeed possible I the employer wants to go down that route. In terms of whether they would be notified, they would not be notified by the DBS unless a new DBS check is made.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 1 year ago.
Ok. So if the person is convicted the employers are not notified unless they do another DBS?
Expert:  Ben Jones replied 1 year ago.

What is the nature of the job?

Expert:  Ben Jones replied 1 year ago.

What is the nature of the job please?