Disciplinary job dismissal

Ellen32

I have just received notice of termination of my employment with a large financial institution.

I have appealed against the decision.

The grounds for the dismissal were that I failed to reveal a 22 year old minor conviction for shoplifting (fined £150), though I did agree to a Criminal Records Bureau check. In omitting the conviction I was following incorrect advice that such old and minor offences need not be mentioned.

In appealing I asked to be given the opportunity to resign should my explanation for the omission not be accepted.

I would be grateful for any advice on the appeal procedure, on handling this in future job interviews and on any other sources of advice.

Lady_E

Sorry to hear about your problem, what a big worry for you.
I would suggest you contact ACAS on 08457 474747 or www.acas.org.uk. They are a Government backed agency specifically designed to assist both employees and employers over work related problems/dismissals etc.

Good luck I do hope you get things all sorted out.

LittleVoice

Ellen32 wrote: »

I have just received notice of termination of my employment with a large financial institution.

I have appealed against the decision.

The grounds for the dismissal were that I failed to reveal a 22 year old minor conviction for shoplifting (fined £150), though I did agree to a Criminal Records Bureau check. In omitting the conviction I was following incorrect advice that such old and minor offences need not be mentioned.

In appealing I asked to be given the opportunity to resign should my explanation for the omission not be accepted.

I would be grateful for any advice on the appeal procedure, on handling this in future job interviews and on any other sources of advice.

Have your got the paperwork where you would have confirmed you had no previous convictions? Is the work outside the rehabilitation of offenders legislation?

Who advised you that the offence need not be mentioned? Do you have evidence for this?

Are you working at a level where you would be presumed to be able to understand and interpret instructions/procedures?

zzzLazyDaisy

I just want to repeat the advice to speak to ACAS.

Normally the type of offence that you refer to would be 'spent' under the rehabilitation of offenders act, and not declarable

headoutthesand

not too sure but i know if you seriously assault someone you don't have to mention it after 10 years of end of sentence.

Not that i have - i just heard someone mention it the other day.....honest

dmg24

headoutthesand wrote: »

not too sure but i know if you seriously assault someone you don't have to mention it after 10 years of end of sentence.

Not that i have - i just heard someone mention it the other day.....honest

That depends on whether the particular role is covered by the Rehab of Offenders Act, as LittleVoice mentioned x

siamese0109

Have a look at this. The full version is also available on the NACRO website

Ellen32

Have your got the paperwork where you would have confirmed you had no previous convictions? Is the work outside the rehabilitation of offenders legislation?

Who advised you that the offence need not be mentioned? Do you have evidence for this?

Are you working at a level where you would be presumed to be able to understand and interpret instructions/procedures?[/quote]

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The question about previous offences was not raised during the job interview stage; it arose a few weeks later when I was already in the post when my employer wanted to put me forward for registration with another body. At that point I was asked on the registration form if I had ever been convicted of any offence whether spent or not. I followed the verbal advice of the Citizens Advice Bureau and responded No which was in retrospect an error of judgement on my part.

I am working at a level that I could be expected to understand and interpret instructions/procedures. At this stage I am trying to minimise the fall-out damage and have appealed against the decision and asked that, if the company is unable to accept the explanation of my misjudgement, they give me the opportunity to resign. I also wonder, whatever the outcome, how I can present this to prospective employers. Throughout all this, there has never been any intention on my part to deceive or mislead and I had no reluctance whatever in authorising a CRB check.

zzzLazyDaisy

Can I just ask how long you have been with the company?

If you have less than a year's service, an appeal is less likely to be successful, simply because they can dismiss you for any reason, as long as it isn't for an unlawful reason such as sex, race, or disability discrimination.

Ellen32

zzzLazyDaisy wrote: »

Can I just ask how long you have been with the company?

If you have less than a year's service, an appeal is less likely to be successful, simply because they can dismiss you for any reason, as long as it isn't for an unlawful reason such as sex, race, or disability discrimination.

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I had only been with the company for three weeks and am aware that I have no legal protection. At this stage I am trying the limit the damage to my long-term career and have asked in my appeal letter to be allowed to resign since my intention was not to mislead or deceive.

Ellen32

zzzLazyDaisy wrote: »

I just want to repeat the advice to speak to ACAS.

Normally the type of offence that you refer to would be 'spent' under the rehabilitation of offenders act, and not declarable

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Following your advice I spoke to ACAS but they told me to consult a solicitor.