Beware Sacking Employee

My company recently began working with a sensitive client who demands we undertake Disclosure and Barring Service checks (DBS checks, previously known as CRB) on my staff. One of my employees was convicted of some offences and did not disclose this when he applied for the job. Our client now demands that we dismiss him if we wish to continue working with the company. We do not want to lose the contact, but are wary of dismissing the employee and are worried about what action he could take against us if we do dismiss him. Can you advise?

You are right to be wary of dismissing the employee, and there is every possibility that if he was sacked he would have a valid claim for unfair dismissal.

A client request is not a legitimate reason for dismissing an employee. The Rehabilitation of Offenders Act 1974 also needs to be considered. After a period of time, the person who has been convicted of a criminal offence and who has served his sentence is not obliged to disclose those previous convictions.

A rehabilitated person is to be treated for all purposes in law as a person who has not committed the offences in question. There are certain occupations and professions excluded from the provisions of this Act, and the time required for a conviction to be classed as spent varies depending upon the severity of any sentence.

Before taking any decision, establish the employee’s age, the date of his convictions, what sentence he served, and then consider those in the light of what duties he would be required to perform for your business and the client.