Fired due to change in working practices and old conviction

Maxrpg

Just need some advice because I'm so lost and confused...
Been working for the same company for 5 years and had a number of different administration roles with various departments in the company during that time. Roles changed due to government contracts ending etc.
For the last two years I've been working in the education department just sat behind a desk entering and changing student information on the system as and when needed.
When I first started with the company they were informed about my DBS, which had an old conviction for downloading indecent image, I was young at the time and made a mistake and just tried to move on with my life and I've done nothing wrong since then. They were fine with that conviction and HR were fully aware of it, the conviction has long since been spent and no longer relevant as far as I'm concerned.

Now, after a recent DBS audit within the company and changes in company policy and working practices, because I work in the education department and have that old conviction on my DBS, they are telling me I'm no longer allowed to do my job, all I do is sit behind a desk typing information.

I've essentially been fired without any notice or anything even though I've been doing this job for 2 years with no problems.
Points to make:

• HR have been aware of my conviction for 5 years
• Each role I've had within the company over the last 5 years were signed off by HR
• I've been doing this job for 2 years without problems
• I've never had any complaints made against me

Can they legally fire me just like that?

I've spent so long moving on with my life and put my past behind me but this has really shattered my confidence, its brought it all back and I feel like I'm being punished all over again, only this time I've done absolutely nothing wrong.

Nick212010

Are you a member of a trade union? This sounds like a complicated case, I’d request to get the ball rolling with your branch representative if you’re a trade union member, or seek help from ACAS.

TBagpuss

I strongly recommend that you speak to  NARCO - https://www.nacro.org.uk/criminal-record-support-service/support-for-individuals/employment-rights-and-representation-for-ex-offenders/   they may well be able to offer direct advice and if not, can point you in the right direction. 

You have been  employed for over 2 years so they can't just dismiss you - they need to follow a fair procedure and they should set out in writing the reason for the dismissal.

It may be fair if they cannot legally continue to employ you - however, I think this is unlikely - I believe that in most professions where even spent convictions have to be disclosed, this doesn't necessarily mean that you cannot work in those roles, although it may be that there are additional checks or permissions required. (As an example, a friend of mine who trained as a solicitor as a mature student had to disclose a historic conviction for a minor offence - they had to attend an interview with the Law Society (or possible SRA!)  before they could be admitted as even a student member, but it did not prevent them from working once it was disclosed and they had been individually assessed and approved)

 Also, even though your job is in a educational setting, if you are not working directly with children or vulnerable adults then the requirements may not apply to yo -  you would need to check the specific rules and definitions.

Except in cases where the Rehabilitation of Offenders Act doesn't apply, a dismissal because of a spent conviction would normally be automatically unfair, and in your case, as you say, this isn't something they have just discovered or where you have lied or misled them, they knew all along, so I suspect  that IF they have explicitly said this is why you were dismissed, it may well be an unfair dismissal  (and even if the specific role does require enhanced checks or mean you can't carry out that role, then it may be that they should have looked at an alternative role instead of firing you - are they saying there has been a recent change to the LAW that means things are different now from the last 2 years?) .

I am not an expert in this field and all of this  is very dependent on knowing exactly what reason they gave for dismissing you, what procedure was followed, and whether your role falls within the exemption to the ROA. In addition, as they are subcontractors, it may be complicated if the client has its own rules which mean you cannot work on their contracts - so you definitely need to get proper legal advice, and to do so as soon as possible as time limits are pretty short.

moneysavinghero

Looking at it from there point of view - you have access to student information. If they view that you should not be allowed access to that information anymore and they have no alternative work that they can offer you then you are redundant. Of course they would need to follow the correct procedure.

Manxman_in_exile

moneysavinghero said:

... then you are redundant. Of course they would need to follow the correct procedure.

It's not a redundancy though, is it?  The job is still there and they still need somebody to do it.  It's just that they don't want (or can't have) the OP in that job.

[Deleted User]

Another charity called Unlock will be invaluable in challenging this. 

Marcon

Maxrpg said:

Just need some advice because I'm so lost and confused...
Been working for the same company for 5 years and had a number of different administration roles with various departments in the company during that time. Roles changed due to government contracts ending etc.
For the last two years I've been working in the education department just sat behind a desk entering and changing student information on the system as and when needed.
When I first started with the company they were informed about my DBS, which had an old conviction for downloading indecent image, I was young at the time and made a mistake and just tried to move on with my life and I've done nothing wrong since then. They were fine with that conviction and HR were fully aware of it, the conviction has long since been spent and no longer relevant as far as I'm concerned.

Now, after a recent DBS audit within the company and changes in company policy and working practices, because I work in the education department and have that old conviction on my DBS, they are telling me I'm no longer allowed to do my job, all I do is sit behind a desk typing information.

I've essentially been fired without any notice or anything even though I've been doing this job for 2 years with no problems.
Points to make:

• HR have been aware of my conviction for 5 years
• Each role I've had within the company over the last 5 years were signed off by HR
• I've been doing this job for 2 years without problems
• I've never had any complaints made against me

Can they legally fire me just like that?

I've spent so long moving on with my life and put my past behind me but this has really shattered my confidence, its brought it all back and I feel like I'm being punished all over again, only this time I've done absolutely nothing wrong.

No. Summary dismissal without notice or pay, if the circumstances are as you describe, is clearly wrong. Give ACAS's helpline a call: 0300 123 1100

General_Grant

There is also the question of how long they have been keeping the information about that conviction.
Have they recently applied for an updated DBS check, with your agreement, or have they retained written notes from when you were first employed?  The ICO may advise that such information should not be kept - only that a DBS was sought and found to be acceptable by a named individual.

Manxman_in_exile

But has the OP actually been fired?  I'm not sure he has.

What he's said is:  "... they are telling me I'm no longer allowed to do my job... "

I don't read that as being "I've been summarily dismissed without notice".  (That may be what he means, but it's not what he's said.  He has said he's "essentially been fired", but that isn't actually being fired)

moneysavinghero

Manxman_in_exile said:

moneysavinghero said:

... then you are redundant. Of course they would need to follow the correct procedure.

It's not a redundancy though, is it?  The job is still there and they still need somebody to do it.  It's just that they don't want (or can't have) the OP in that job.

The job is not redundant. But as they can't have the OP accessing records of school children the OP is unable to do that job anymore. So unless they have another role for the OP then the OP is redundant within the organisation. 

Never said it was a redundancy. Just that the person is redundant within the organisation.
Perfectly legal to fire someone if they can no longer do the job. As long as you explore alternatives that they could do.