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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61237
Experience:  Qualified Solicitor
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I got fired from a job for undisclosed criminal conviction.

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I got fired from a job for undisclosed criminal conviction.
Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: My manager and he said if i told them at the interview stage i would of got the job. I worked in a betting shop. So he says he has lost trust because they deal with a lot of money
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: My record is now cleared as it was a 2 year criminal record for violence and disturbance in a public place

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

How long had you worked for this employer and what would you like to ask about this please?

Customer: replied 1 month ago.
Worked with employer for 4 month's. My name is ***** ***** my friend alisha signed up to jistanswer.co.uk for me
Customer: replied 1 month ago.
My question is that is it fair or unfair?
Customer: replied 1 month ago.
I didn't disclose because i was desperate for a job. Had no income, living on my own
Customer: replied 1 month ago.
I was on suspension for 2 years and i went on a anger management programme

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 1 month ago.
When i applied for the job, i had finished the programme
Customer: replied 1 month ago.
My suspension finished in august 2019
Customer: replied 1 month ago.
i believe my manager has done a check on me because someone in the shop has been stealing, so he's using this against me
Customer: replied 1 month ago.
Ok thanks

Many thanks for your patience. The main issue for you here is that if you have been continuously employed at you place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as the decision is not based on a reason which makes a dismissal automatically unfair. These include:

· Discrimination due to a protected characteristic (i.e. because of gender, race, religion, age, disability, sexual orientation, etc.)

· Taking, or trying to take, leave for family reasons including pregnancy, maternity/paternity leave, parental leave, adoption leave or leave for dependants

However, if the dismissal had nothing to do with any of the above exceptions, you would not be able to challenge it. In that case your only protection would be if you were dismissed in breach of contract. That would usually happen if you were not paid any contractual notice period due to you (unless you were dismissed for gross misconduct, where no notice would be due). If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. The employer would either have to allow you to work that notice period and pay you as normal, or they instead have to pay you in lieu of notice, where you are paid for the equivalent of the notice pay but your employment is terminated immediately.

So whether you disclosed the conviction or not, it makes no difference unfortunately and they can still dismiss you regardless, simply because you do not meet the minimum criteria to challenge them for unfair dismissal.

I appreciate this may not be the answer you were hoping for but it is the legal position and I hope that it at least clarifies where you stand?

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you

Customer: replied 1 month ago.
yes thank you. I understand that it's in his jurisdiction. However, I did try my luck and called the head office to review my former managers decision

Ok good you have nothing to lose by doing that so let’s just wait and see if anything comes out of it

Customer: replied 1 month ago.
Thank you. I'll let you know

No worries thanks

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