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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 59762
Experience:  Qualified Solicitor
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Assistant: How can I help? I have a employment

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Hi
Assistant: Hello. How can I help?
Customer: I have a employment discrimination enquiry
Assistant: Was this discrimination issue discussed with a manager or HR? Or with a lawyer?
Customer: Are you in the UK?
Assistant: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: Are you in the UK?
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Spent conviction

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

Please explain your situation in some more detail?

Customer: replied 3 months ago.
My position for Electrical lecturer was withdrawn due to spent conviction

What was the conviction for, how long ago was it and what penalty did you receive at the time? Also, how long have you worked for your employer please?

Customer: replied 3 months ago.
Are you experienced in employment discrimination?

Employment is my area of law

Customer: replied 3 months ago.
It was in 2003. The one and only conviction I have that took place within the Bengali community. I was ill advised and pleaded guilty to assault with intent to rob. The conviction is spent as it was 3 years. I served 13 months in custody
Customer: replied 3 months ago.
There was complication with my co defendents
Customer: replied 3 months ago.
The employer stated on the job application to disclose conviction once a job offer was made. I disclosed this information and the employer invited me to attend with my qualifications and later withdrew the job offer once I had handed my notice to current employer

What reason did they provide for withdrawing the offer?

and what was the nature of the job you applied for?

Customer: replied 3 months ago.
They said ' it is noted that you did not declare the conviction on the application form '
Customer: replied 3 months ago.
Electrical Lecturer in a college

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 3 months ago.
I wrote a lengthy letter stating what happened in 2003. They acknowledged the letter and said that it was ok and invited me to go in with documents. They even proposed a higher salary then advertised

Many thanks for your patience. whilst an employer should not take into consideration spent convictions that a prospective employee has, if they do and they do not employ them on that basis then your options are somewhat limited.

I refer you to this legal note which deals with the area in great detail:

https://hub.unlock.org.uk/knowledgebase/convictions-employment-law-2/

Specifically have a look at the following section:

“Being refused a job

Unfortunately, this is one of those situations where there is very little you can do.

Although the intention of the ROA was to attempt to make life easier for people with certain types of criminal record, it did not include any provisions regarding the appropriate treatment of all the others. In the intervening years, little or nothing has been done to alter this situation. There is no legal concept of ‘discrimination on the basis of having a criminal record’, as there is for discrimination on the grounds of age or disability.

Your treatment, therefore, will only create a legal claim if it would do so for someone without a criminal record. Where you are refused a job because of your race, sex, religion, nationality, age or some other characteristic protected by the Equality Act 2010, then you can bring an action at an employment tribunal.

Otherwise, the law as it stands, permits an employer to recruit whom he wants; it will not question his reasons or his motives. Refusing to employ someone for having a conviction cannot be the cause of a legal claim, in the same way that an employer cannot be sued for refusing to employ someone because they like watching Eastenders; there is no obligation to engage in reasonable or rational decision-making when choosing employees.”

So unless you can show that their reason for refusing to employ was based on discrimination as mentioned above (it is not discrimination alone to be refused the job for the spent conviction), you will not be able to challenge them

Does this answer your query?

Customer: replied 3 months ago.
Thank you for the comprehensive answer. I have noticed on the government website it states 'it is against the law to discriminate someone from employment with a spent conviction '. How does that play out in practice? Thanks

Well it does not as you can see from the advice above - there are no grounds to submit a legal claim, it is not a form of recognised discrimination - it is stated that employers should not treat someone differently due to a spent conviction but that is just there as a deterrent, in practice you cannot make a claim for that alone. Hope this clarifies?

Customer: replied 3 months ago.
Thank you very much for your time and help. I appreciate it

All the best

Ben Jones and other Law Specialists are ready to help you
Customer: replied 3 months ago.
Hi Ben, what about 'Breach of statutory duty'?

you cannot claim for that alone unfortunately, there is no standalone claim for that

Customer: replied 3 months ago.
Thank you . Good night

No problem and have a good evening