Employees and their criminal past

legal updates

An applicant is under no obligation to reveal spent convictions.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

The Rehabilitation of Offenders Act 1974 – the ‘rehabilitation period’ means that after a certain period of time, job applicants do not need to tell potential employers about most crimes that have been committed in the past.

The rehabilitation period will be dependent on the sentence that the applicant received/punishment received. After the sentence, the conviction will be deemed as spent which means the applicant doesn’t not need to disclose. 

Before a conviction is spent, the applicant will only have to inform the employer about the past crime if asked.

Details of the rehabilitation periods can be found here https://www.gov.uk/exoffenders-and-employment

Where an applicant for employment is asked questions regarding any spent convictions, offences, conduct or circumstances, he/she may refuse to answer these questions, or may lie about the circumstances, and in either case must not be placed under any legal restriction by so doing i.e. refused the job on that ground. 

In other words, an employer may not under the Act, ask a prospective employee if he/she has spent convictions during recruitment. 
The employer may ask if the individual has convictions, but the applicant is under no obligation to reveal spent convictions and may answer no.

For other convictions, job applicants or employees are under no general legal duty to voluntarily disclose such information unless they are specifically asked about their past criminal record. 

However, where an employer directly questions an employee or job applicant about previous unspent convictions, a deliberately dishonest or evasive reply may subsequently constitute grounds for a fair dismissal or result in the applicant being unsuccessful.

The Act does not apply to some occupations. In the retail motor industry this would apply to chartered accountants, certified accountants, solicitors, or nurses, although only the larger companies in the industry are likely to employ such people.

Cable For My CarWe offer free next day delivery* on all EV charging cables when shipped within mainland UK

Stocking only premium EV charging cables, we ensure you experience a stress-free EV charge, over and over, confidently backed by our 2 year warranty. Our premium & reliable charging cables are compliant with EU & UK safety standards. We offer free next day delivery* on all EV charging cables when shipped within mainland UK.

Roxanne BradleyLegal AdvisorRead More by this author

Related Legal Updates

Holiday Entitlement Updates for Zero-Hours and Casual Contracts

This serves as a reminder of these important changes and outlines the actions required to ensure compliance.

Employment Bill of Rights 2024

The Employment Rights Bill proposes that paternity and parental leave will now fall into a “day one right” of employment.

Notice to Dismiss – Reminder!

The law states an employer or employee who terminates employment is required to provide the following notice…

Day 1 Employment Rights

Employees are already protected from day one in respect of wrongful dismissal and discrimination, but a dismissal based on poor conduct, for example, can be effected by giving relevant notice. 

Overview of Contemplated Employment Law Changes

We will continue to keep our members informed as more details emerge and as the timeline for these changes becomes clearer.

Changes to Sexual Harassment Law

In addition to safeguarding employees from harassment by colleagues, the duty extends to third-party harassment, such as harassment by customers.

New government… new laws

The recent announcement means an employee may be able to claim an unfair dismissal from day one. 

Get in touch

Complete the form to get in touch or via our details below:

Phone
01480 455500
Address

Vinpenta House
High Causeway
Whittlesey
Peterborough
PE7 1AE

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.