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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
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Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I currently work in a school and have been convicted for drink

Customer Question

I currently work in a school and have been convicted for drink driving. Will I lose my job? Or would it be better for me to resign? I do not need to drive to work but have obviously now got a criminal record.
Submitted: 2 years ago.
Category: UK Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Does your contract mention anything about you requiring a clean criminal record to hold this job?

Customer:

This only happened within the last year, prior to this I had a clean record.

Ben Jones :

OK but does your contract mention anything about you requiring a clean criminal record to hold this job?

Customer:

My contract says that my job is subject to an enhanced CRB check, my conviction will show on my next renewal , which is due in October. I am now aware that the senior management team and the chair of governors were informed when the incident occurred. I have never been approached me about the incident which occurred almost a year ago.

Ben Jones, UK Lawyer
Satisfied Customers: 42594
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other UK Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 2 years ago.
you will not automatically lose your job because of this. Having a conviction does not mean you cannot hold a job as a teacher and the employer will need to consider how this actually affects your job before they can do anything about it. For example, if you were required to drive for work and were unable to do so as a result it may prompt the employer to consider your position, but then again they would need to try and find you something else to do if it is available before they consider dismissal. Also the conviction has to be relevant to your job or field of work. For example if you were convicted of child or sexual offences these could have a direct impact on your job, however a drink driving conviction would not necessarily have the same effect. Therefore, dismissal could be a disproportionate response. Finally, the fact that the employer has known about this for some time and done nothing about it would help as the longer they leave it the harder it would be for them to justify any formal action they take against you because of this

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