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I have just started work in a new job and no mention was made

of the fact that they...
I have just started work in a new job and no mention was made of the fact that they now want a CRB check. I have been in this position for a week and now have been given forms to fill in etc. Are they allowed to do this? I took the job as it didn't involve a CRB (no mention was ever made at interview). I have a caution that occurred over 5 years ago and am worried that this will be on my record. Will they be able to use this information in deciding whether they want to keep me on. My job is in a church office as secretary. It is something that I am really ashamed of and is the only time in my life that have been involved in the police etc. Should I come clean and disclose this and have a word with my employer. I don't want it to jeapordise my position, but feel that it quite unfair to ask me to agree to a CRB when I never knew that I would have to do so! Jay.
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Answered in 1 hour by:
1/4/2013
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 49,096
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hello and thank you for your question, which I will be happy to assist you with. Please let me know what is the caution for?
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Customer reply replied 5 years ago

The caution happened about 7 years ago. It is something which happened when I had too much to drink and was arrested for being drunk and disorderly. I feel that I have to give you some background to my dilemma - I had been in an abusive relationship (now managed to escape out of) and just had had enough and drank too much. The rest is history so to speak. I now have to know if this will be held against me if I complete the CRB paperwork? As I first explained in my initial question to you, I applied for a job local to me and never was anything mentioned in the advert that a CRB check would be needed or at the interview either. I was then offered the job , which I took, with no mention in my employment offer letter of having to do the CRB. I have been there only a week after leaving my last employment to move jobs etc. Now I have been asked today to complete papers so that they can do a CRB on me. I need to know if I have to do the CRB as requested or can I refuse? If I do the CRB as requested, will this caution still be on my record? And if so, can my employer do anything about it, not forgetting that they never stated that it was a requirement of my employment with them. Do I have any choice other than to agree to them doing this check on me? If I agree should I just put it on the form as there is a section which asks if you have ever had any cautions, convictions etc? together with a letter of explanation? A detailed reply would be greatly appreciated. Thanks.

Does your contract contain a notice period?
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Customer reply replied 5 years ago

I have not had a contract yet. I have only had a letter re: Employment Appointment welcoming me to my new job. It stated "my start date, hourly rate and hours etc. On the 2nd page it does say that there will be a probation period of 3 months and if I do wish to leave within this period, or should they wish to terminate my employment then both parties should do so in writing with a view of one week notification period which will be given in writing with 7 days notice. This they believe is standard but something they hope wll not occur. At the end of the probation period I am hoping that along with your services being confirmed they will be offer me a contract of employment which is being prepared and will be within employment legislation.......".


 


I then had to sign and return a copy of the said letter to signify my acceptance of the position. AGAIN NO MENTION WAS EVER MENTIONED OF HAVING TO DO A CRB ETC.


 


Please advise as soon as possible.

Whilst the employer may not have mentioned the need for a CRB when advertising the job, there is legally nothing preventing them from asking for one at this stage. They may even use it to terminate your employment. That is because you have no legal protection against unfair dismissal until you have at least 2 years continuous service with an employer and it means the employer can dismiss you for more or less any reason as long as it is not discriminatory in nature. Dismissing for a CRB record is not going to be discriminatory.

In terms of whether the caution will show up then it will depend on two factors. Firstly, is it still held on the Police computers. The likelihood is that it will still be there as they do not routinely get deleted. Secondly, what type of CRB check are you having done. If it is a Standard or Enhanced check then it will get disclosed subject to the first point I made. If it is a Basic check then it won't show up.

You would have to agree to the check being carried out because refusing could easily end up in the termination of your employment anyway. It may be best to agree to the check and then tell your employer about the caution, being honest with them and pointing out it was a one off incident and you have not been in trouble since. A reasonable employer should understand your position and take into account you have a clean record otherwise and as such should not jeopardise your employment.

Please take a second to leave a positive rating as that is a very important part of our process. Your question will not close and I can continue providing further advice if necessary. Thank you
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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