Employing a good policy on criminal records
When it comes to criminal records, there are things you need to know about their relevance in employment law.
If someone has convictions, they can be either spent (i.e. expired) or unspent.
An employer cannot refuse to employ someone on the grounds of spent convictions, subject to a few exceptions.
Unspent convictions might be relevant, depending on the facts, such as
- Is the conviction relevant to the role?
- How long ago did the incident take place?
- How serious was the conviction?
- Was the offence a one off or is there a pattern of offending?
If an employer asked on the application form whether a candidate has a criminal record and they do not disclose an unspent conviction that is later discovered, it could give grounds for dismissal. It may depend on whether the employer had the right to ask the question in the first place.
If there is one thing you should take away from this blog, it is that you need to be careful when considering taking action against a spent conviction.
Kleyman and Co Solicitors, the full service law firm, here for you spent or unspent!