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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 48168
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been employed in a new roll months and received

Customer Question

I have been employed in a new roll for 4 months and received formal written confirmation that the 3 probationary period is over and am permanently employed. My employer this week ( 1 month after official letter )have now appointed hire right to do a level 1 background screening on new employees, which i have completed today. Can the reults of this affect my employment? What will they check? I presumed all checks would have been done in the 3 month period prior to being offered a permanent position? Any help appreciated. David
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Are you worried about what may come out of this check?

Customer: replied 1 year ago.
Not really, I was self employed for 4 years prior to the role which is the employment history they asked for as well as passport and NI details. Passport and National Insurance fine. Self employment information which didnt work out very well, which is why I went after employment, slight concern they may ask for accounts etc and this may affect me?
Customer: replied 1 year ago.
Did you get that?
Expert:  Ben Jones replied 1 year ago.

Why do you think that your accounts may affect this job?

Customer: replied 1 year ago.
Just the fact that i cant really produce them properly, it may come across bad? I have made a really good impression in the job, am i right in thinking my employer could ignore this at their own discretion? Apparenty start right sometimes really chase these things?
Customer: replied 1 year ago.
Sorry, thats hire right
Expert:  Ben Jones replied 1 year ago.

ok let me get my response ready please

Expert:  Ben Jones replied 1 year ago.

If you are asking whether the results of this check can affect your employment, then looking at the worst case scenario, yes they can. You may have passed your probation but legally that does not give you any rights against dismissal. Your rights against unfair dismissal depend on your continuous service with the employer and you need at least 2 years’ continuous service for such protection. Until that time you can be dismissed for more or less any reason, as long as it is not discriminatory, i.e. linked to gender, race, religion, etc. That means if they really did not like something from the checks, they can potentially dismiss you, although there is of course no guarantee that they will go that far.

What they will check is something only they know. To be honest they can check whatever they want and that whatever factors they want into consideration. At this stage there is no reason to panic. Your rights remain unchanged whatever happens so do not worry about the checks. Help the employer if needed and if they have concerns about any of the results, you can try and explain any issues as they come up. I would hope that they would not go by your history which is unrelated to your job performance, rather they would look at your track record whilst in this job.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 1 year ago.
Ok thanks. So any points raised in the checks, you woul think they would inform me and I would be given opportunity to explain? I havent hidden anything, all aware i was self employed, just we have never discussed my finances in that period as it was never deemed relevant.
Expert:  Ben Jones replied 1 year ago.

They do not have to allow you to explain - they can and should do but that is a moral expectation, not a legal one. However, I would hope that they would not consider this an issue and they would consider the past few months as a better testament of your abilities than what you did in the past

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.