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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 70427
Experience:  Qualified Solicitor
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My work has recently acquired new accounts working in

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Hi,
JA: Hi. How can I help?
Customer: My work has recently acquired new accounts working in schools. i fit and maintain a boiler type cleaning systems. They’re thinking of doing enhanced dbs checking on the installation engineers. I have a criminal record nearly 15 years ago with possession and attempt to supply of class b drug. Will this conviction be on the baring list? Am I likely to loose my job?
JA: Where are you? It matters because laws vary by location.
Customer: They supply the system Nationally in the uk
JA: What steps have you taken so far?
Customer: Nothing as yet
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

How long have you worked there for? Please note this is not always an instant service so I may not be able to reply immediately. Rest assured that I am dealing with your query and will get back to you the same day. Thanks

Customer: replied 17 days ago.
18 months

Many thanks for your patience. This will only show up if the police believe that it is relevant to the application you are having the DBS check for. Therefore it is practically impossible to predict that at this stage because the police make these decisions on an individual basis and it can even change depending on who deals with the request.

In the event that it shows up, that should not automatically result in your dismissal. For example, their client may not have an issue with you working there even with that record on your DBS.

Even if they did, the employer should be looking at offering you alternative employment with work that does not require such a DBS check.

Despite all pf the above, there is still a risk you may be dismissed and I will explain why. The main issue is that as 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 pay you in lieu of notice, where you are paid for the equivalent of the notice pay but your employment is terminated immediately.

Does this answer your query?

Customer: replied 17 days ago.
I have seen two documents on the Internet with the relevant offences list for auto barring. One says the supply of a controlled drug and the other says supply of a controlled drug where the victim is a minor. Can you clarify which is it? My fear is that if I’m automatically barred , then my employer will dismiss.

It is the latter. This is specified in the legislation which you can find here:

https://www.legislation.gov.uk/uksi/2009/37/made

If you scroll down to the list of offences you will find your one:

Misuse of Drugs Act 1971, section 4(3)(36) and then it mentions the required circumstances are that “The person to whom controlled drugs were supplied or offered to be supplied was a child”

Does this clarify things a bit more for you?

Customer: replied 17 days ago.
Thank yes, so my understanding is that as I wasn’t convicted for supply to a minor I will not be automatically barred. So i will still be able to the job if my employer is happy for me to do so.

yes, although it depend more on their client as they have the final say

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