Unfair dismissal

[bugsley]

Can a company dismiss an employee for failing to disclose a new criminal conviction which has no bearing on his ability to do his job and was as a result of a mental illness?

[andy hughes]

Probably. If the criminal conviciton declaration is part of the contract of employment, the reason for the offence, or mitigating circumstances do not offer any defence, although you should seek Union advice on this. Assuming you are in a Union, if not, then you may well be scuppered. Sorry.

[apricot]

Go to CAB and make sure you take your contract of employment with you and any related policies/procedures issued by your employer.

[SteveG]

Yes, especially if you also did not disclose the Mental Illness.

[Greedyfly]

Yes an employer can dismiss you for any important witheld information.

[Greedyfly]

Saying that though I myself with held such important information concerning illness because I was fully aware that if I had told most employers of my illness they wouldn't have employed me. Not due o me being unable to do the job but because their is still a lot of discrimination.

[IggyB]

What an employee does outside working hours is of no concern to an employer (or shouldn't be) provided it does not adversly affect his work, this goes for criminal convictions too, so for instance say a shop worker was caught drink driving if his employer was to fire him this would be an 'unfair dismissal', however if a lorry driver was caught drink driving and his employer fired him this would be a fair dismissal. Additionally to your case some protection would be provided to the individual suffering from a mental illness through the Disability Discrimination Act, if the individual was suffering from a long term and clinically well recognised metal illness then it could be argued that the individual had suffered a detriment due to his illness. I think its worth looking into it further, go to CAB, they will be able to advise you properly on your individual case.

[vittoria]

What little I understood of my Individual Employment course this year is that it could well be unfair dismissal. I think you should see a Law Centre. I suggest you ask the CAB about where the Law Centre is held, times etc.

[aphex2k]

if they have lied on a cv, or in an interview, they can be dismissed. you basically have no rights for appeal if you have been at the company for under 12 months (g/f works in HR and regularly has to get rid of people for lying or bad referances)