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Ben Jones
Ben Jones, Solicitor
Category: UK Law
Satisfied Customers: 38674
Experience:  Specialist in UK Law with expertise in UK Employment Law
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I received a conviction in May for failing to report change

Resolved Question:

I received a conviction in May for failing to report change of circumstances (income support and child tax credits)although I fully explained the circumstances (had to leave country to support dying partner) and later leaving again to care for sick father. I am a single mum who had just completed a PGCE with flying colours and had a firm job offer with a great school. My original crb came back clean as I had never before offended. However when I was convicted, I naturally disclosed this to the Head and consequently they have withdrawn the job offer. She says this was because I never told her about it at the interview stage back in March. I am obviously devastated because, having lost this job, it will be even harder to get another with the conviction (3 months suspended sentence, supervision and 150 hrs community service). Is the withdrawal of job offer legal? Is there any way I could go about having the conviction removed? Thanks in advance.
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

How much was the over payment?
Customer: replied 1 year ago.
Hello
Thanks for your reply. Here are the figures

Income support : approx £10k
child tax credit: approx £20k
Expert:  Jo C. replied 1 year ago.
Thanks for your interest in me. Its become apparent that this is really an employment question which isn't really my area. I have passed this onto my colleague for you. I'm sure he will come back soon.
Expert:  Ben Jones replied 1 year ago.
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Was the original job offer conditional on anything?
Customer: replied 1 year ago.
Hello Ben

Yes it was conditional on satisfactory references, health check and dbs clearance
Expert:  Ben Jones replied 1 year ago.
Hello again, the job offer that you received appeared to be conditional on a successful DBS clearance. If you could not satisfy this condition then the offer could have been retracted, even once it was accepted. In your case you had the interview in March but the conviction was not received until May. Unless you were specifically asked about it at the interview, you would not have been obliged to disclose the ongoing proceedings to the employer because at the time you would have still been considered innocent until proven guilty.

However, the employer can argue that your circumstances have changed before the commencement of the job and that you no longer meet the conditions under which the job was offered, this being a clean DBS check.

You also have to consider what you can get out of legally challenging their decision. If there was a legally binding contract in place that was unlawfully withdrawn you can only seek compensation for any losses incurred as a result of this. If you had a specific notice period in your contract then potentially you can pursue compensation to cover that. However, if there was no notice period in place you would be subject to the minimum statutory notice period which is only a week and then only applies if you had been working for them for over a month. This means they could have allowed you to start work and then dismissed you immediately with no notice period. Your losses then would have been either none or limited to the very short period of time you worked for them.

I hope this has answered your query and would be grateful if you could please take a second to leave a positive rating. Your question will not close and I can continue providing further advice if necessary. Thank you
Ben Jones, Solicitor
Category: UK Law
Satisfied Customers: 38674
Experience: Specialist in UK Law with expertise in UK Employment Law
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