legal/employer question...

[maff]

or anybody who has knowledge but more for an employer

if you found out that one of your employees had a criminal record after two years working for you with an immaculate work record, are you duty bound to sack that employee? or...

bearing in mind that said record was due to something that happened way before you employed them, can you do anything at all?

a friend of mine is in a spot of bother and id like to help in someway and after being told today that apparently the company can do nothing, id like to know if its true

thanks matt

[FG1]

Did they lie on their application in any way.
If they lied about having a record then I would imagine that you can take disciplinary action. If they didn't lie, or the question was not asked, they have done nothing wrong.

[maff]

Did they lie on their application in any way


not entireley sure on that one. im guessing that it wasnt declared and all i know is that it ended with 400pound court costs. i didnt like to ask to many quetions. she is being threatend by another collegue who gave her the money to pay the costs at the time. now this person is saying that he will go to the area manager,spill the beans and get her the sack unless she pays up.

[glade]

Maybe she should pay them back.

What was the arrangement?

[missyburd]

I read in the news a few weeks ago about a chap who was found to have lied in his application and although he had been working for this company for many years, they turned round and sacked him. I can't remember where the story was I will have a look.

[FG1]

So there is a bribe/extortion issue aswell.

If your friend has been without fault since being employed I would encourage them to own up to things. Pay the outstanding debt and let the employer know about the threatening remarks of the other party.

Does the criminal background have any bearing on the type of employment ?

[maff]

Maybe she should pay them back.

What was the arrangement?

she cant afford the money, i offered to pay but was turned down (think id turn it down too tbh) so if i could find out where she stands at least iv helped in some way.

drink was involved a long time ago, its all down to revenge and yes shes stupid for doing it but hey, we all make mistakes :rolleyes:
matt

[ASM-Forever]

So there is a bribe/extortion issue aswell.

If your friend has been without fault since being employed I would encourage them to own up to things. Pay the outstanding debt and let the employer know about the threatening remarks of the other party.

Does the criminal background have any bearing on the type of employment ?

If they have a history of sexual deviancy, then they probably arn't allowed to work with kids. :p

My dads company won't employ people with a record, although i think he has made one or two exceptions.

Most contracts have a standard disclosure clause, so if he/she didn't reveal their convictions then i would expect them to be sacked.

[maff]

So there is a bribe/extortion issue aswell.

Does the criminal background have any bearing on the type of employment ?

theres a bit of stalking too and not sure to the 2nd bit ;)

[Lissa]

We have 4 ex cons at our place. Two were jailed for drugs offences, one for burglary, one for arson. All several years ago. They paid their debt, their work is exemplary, they have earned their second chance.

I would personally tell your friend to come clean and tell management about the threats of exposure. After all, this person knew she had a record and didn't inform them at the time they employed her, so what does that say about them?

[Wayluya]

I would first get some evidence that the other party wants the money OR they will tell on them......and then own up (probably worth a trip to Citizens Advice Bureau first)........at least if she does then get the sack the other party may well get sacked also :D.......and she could consider getting the Police involved as blackmail is still treated seriously and armed with some evidence would be hard for them to ignore / would be a relatively easy conviction (Plod like that!).

Their is no requirement to volunteer convictions, but if she did lie on the application she could always claim she thought the conviction was spent and therefore no requirement to disclose. 7 years I think for "Normal" crimes - i.e. I don't think chopping someone up with an axe ever gets "spent" :D

Their is no automatic LEGAL requirement to sack someone for anything, albeit in some companies (internal) "rules is rules" and can be implemented without any thought (I think they call it modern management :-k), but FWIW, IMO if she has been a good employee for a couple of years then any employer would be plain stupid to get rid of her for purely business (???'s) reasons..........but of course plenty of dumbf#cker employers around :(

Hope things work out for her......