How long before a conditional discharge is spent?

[Bristew]

Hi all please help

I started a new job in June 2011, during the application form it asked if I had any unspent criminal convictions, to which I answered no as I understood it my 2 year conditional discharge was complete and spent in May 2011.

Only yesterday I was suspended for not declaring my conviction on my application form and have to appear at a disciplinary hearing next week. I thought I had done the right thing as once it is spent I do not have to declare it, is this right or should I start looking for a new job now?

Thanks

[Buenchico]

A conviction resulting in a conditional discharge becomes spent one year after the date of conviction or at the end of the order, whichever is the later date. So your conviction became spent at the end of the two year period:
http://www.lawonthewe...tion_of_Offenders_Act

Chris

[bednobs]

what job is it? It might be exempt from ROA

[Buenchico]

Bednobs:
That also occurred to me but the question specifically refers to the disclosure of UNSPENT convictions, which wouldn't apply if the application was for exempted employment.

[Bristew]

It is a cashier with ladbroke's, I have read the application again and it does state unspent criminal convictions on the application that's the only reason I answered no as I never hide from it and tell people if I have to for employment.

[bednobs]

thanks for clearing that up. Is it a conviction to do with money? Perhaps that's why they are being funny? anyway, if your dates are right (eg is was actually spent when you filled in the application form, it seems like you should be ok. However, they can get rid of you for no reason in the first year anyway so if they want you gone, you might just have to lump it. How did they find out?

[Bristew]

Someone visited the shop I worked in and told the manager that I was a convicted criminal and have a criminal record. I think its just my luck some people wont let you move on with your life.

[Bristew]

Is it worth taking a union rep in with me because as I see it I have done nothing wrong and although I am resigned to the fact I will be going I don't want to go without a fight. I cannot return to my position because I am already aware of 3 members of staff who know what has happened already so my position is now not one I will feel comfortable with.

[bednobs]

if you are allowed to take someone with you, a union rep is as good as anyone i suppose, although next week might be a bit short notice for them. However, if you don't want to go back to the job, what do you hope to achieve?>

[Bristew]

I'm not really sure I am not interested in compensation etc I just want to show them they cannot treat employees the way I have been treat. I would possibly be looking at constructive dismissal as I feel they have made it impossible for me to return to my role and I feel upset and angry that they can treat someone in this way.

[bednobs]

if you have only worked there since the summer, forget constructive dismissal. Also, you have to prove a serious breach of contract on their part. Being suspended on full pay does not qualify.
I don't see how you would get compensation either - you haven't lost anything.
If you look at it from the employers viewpoint, their actions are totally reasonable - they are informed you are a convicted criminal - they suspend you on full pay while they investigate. When they find out you didn't hide it because it is in fact spent, they reinstate you. sounds like totally normal procedure to me

[Bristew]

So really I am in a lose lose position as even if they dismiss me I don't have a leg to stand on is that right?

[bednobs]

probably not. Even if they don't get rid of you over this, if they don't want you there, all they have to do is give you notice and say it's because your work is "unsatisfactory"

[Bristew]

Ah well win some lose some at least I can be dismissed holding my head up high as I have been honest and done the right thing.

[ojread2]

I also think you wont be able to claim constructive dismissal, but check here as it isn't always the case you must work for an employer for a certain length of time
http://findlaw.co.uk/...dismissal/500240.html

[bednobs]

you can only claim constructive dissmissal if the employer has committed a breach of contract. it doesn't seem relevant here