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Spent Convictions and Job Dismissal
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For the past two years I have been working for a company on a part time basis carrying out market research. Following a enhanced CRB check which showed I had a previous conviction for ABH back in 1997, I have been told verbally I will not be offered any further work. At the time of the conviction I received a 12 month conditional discharge and a small fine.I thought this conviction was spent and therefore should not preclude me from carrying out market research?
Please advise. My market research involved door to door as well as street interviews with adults. I was then asked if I was available to include children, to which I agreed and in doing so agreed to the enhanced check. However I had never inteviewed children or been offered any work with young children.
Please advise. My market research involved door to door as well as street interviews with adults. I was then asked if I was available to include children, to which I agreed and in doing so agreed to the enhanced check. However I had never inteviewed children or been offered any work with young children.
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There are two points of law involved here, neither of which are good news for you.
Firstly, the provisions of the Rehabilitation of Offenders Act don't apply to work with children or vulnerable adults. For such types of employment, convictions are never regarded as spent.
Secondly, even if a conviction is spent, an employer is not obliged to disregard it he becomes aware of it. For example, someone with a spent conviction could apply for a job (not involving contact with children or vulnerable adults) and lawfully answer 'No' to any questions about convictions. However, if the employer happened to remember seeing the applicant's court case in the press (or if someone else tells him about it), the employer can lawfully reject the application on the basis of the information available to him.
http://www.lawontheweb.co.uk/rehabact.htm
Chris
Firstly, the provisions of the Rehabilitation of Offenders Act don't apply to work with children or vulnerable adults. For such types of employment, convictions are never regarded as spent.
Secondly, even if a conviction is spent, an employer is not obliged to disregard it he becomes aware of it. For example, someone with a spent conviction could apply for a job (not involving contact with children or vulnerable adults) and lawfully answer 'No' to any questions about convictions. However, if the employer happened to remember seeing the applicant's court case in the press (or if someone else tells him about it), the employer can lawfully reject the application on the basis of the information available to him.
http://www.lawontheweb.co.uk/rehabact.htm
Chris
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