Criminal Record...... Does it matter

Glennn

Hi,

Let me build the scenario and see what you guys thinks.

Employee has a job in an office doing finance type work. When he/she applied they had a criminal record BUT at no point did it ever get asked at interview/application form/advert.

Fast forward over two years later, due to some areas of the business having children around so potential contact or it may just be because they want too but they want to do a CRB check.

Q1. Does the employee have to agree? If the job has no direct contact with children or vulnerable adults? Obviously by not agreeing you make yourself look guilty of a crime?

Q2. If employee agrees and although you are safe with children/vulnerable adults you do have a record does this matter? For arguments sake lets say the employee has a suspended sentence for theft so is not a risk to anyone (except petty cash maybe ) Can they then decide to dismiss for this even though employee has never lied about it he/she has just never been asked?

nimbo

i think that refusing to do a CRB could be a way to upset the bosses....

having worked for the NHS i know people who DO work with vulnerable adults and children who have criminal records the important thing is NEVER to lie on the form, as that is a sack able offence, and remember that the outcome will depend on the offence, and the work....

eg a person done for fraud would probably never get employed to do a little old ladies books. however i know a nurse who as either GBH or ABH on her record against her violent ex husband and she has never had issues gaining employment.

Glennn

So if the employee was honest on any crb form but then got dismissed, would they have a case for unfair dismissal?

tigeress289

You have done nothing wrong, as you were never asked. However, the employer has the right to ask for CRB checks. Depending on your offence/ sentence and the date of the conviction, only then could you get the right advice. If the CRB is enhanced,it is wise to declare any convictions.As they will show up anyway. Bit more information would help.

dandelionclock30

Send these an email, they are an orgainization who help reformed offenders with such issues..
http://www.unlock.org.uk/main.aspx.
They will be able to answer you.

Glennn

Cool thanks for the links nothing is needed at the moment, just something that could happen in the future.