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I have a criminal record, my employer employed me knowing this

 
UKSolicitorJA's Avatar
  • Answered by:UKSolicitorJA
  • Solicitor
  • Positive Feedback: 88.9 %
  • Accepted Answers: 345
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in UK Employment Law

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Customer Question

I have a criminal record, my employer employed me knowing this and has an enhanced CRB on me. My employer requires me to send my job tickets to him every day. If I were to not do this could I be sacked. Could my employer sack me because of my convictions.
Could my employer force me into a different part of the business doing a slightly different job.

Submitted: 288 days and 4 hours ago.
Category: UK Employment Law
Value: £22
Status: CLOSED
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Expert:  UKSolicitorJA replied 288 days and 4 hours ago.

Hello,

How long have you been employed for? what does your contract say about this?

Customer replied 288 days and 4 hours ago.

I have been with the company 11 months, my contract says the the job was mine providing a satisfactory CRB - i think this was a standard job offer letter. The HR director was involved and an enhanced `CRB was done which they have on record. The contract does not mention having to send my job reports, it was just something I had to do when I started. The contract is just for a service engineer so i guess that answers that part of the question.

Accepted Answer

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Expert:  UKSolicitorJA replied 288 days and 4 hours ago.

Your employer knew about your convictions and still employed you, sacking you for the same would be unfair on their part but you may bring an unfair dismissal claim only if you have at least 12 months service.

You have your answer about your role, you could be asked to do something else, if you agree, fine, otherwise you may protest or refuse to do the other work.

Hope this helps

Expert TypeSolicitor
Category: UK Employment Law
Pos. Feedback: 88.9 %
Accepts: 345
Answered: 7/4/2012

Experience: solicitor

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