You may feel that an employer has reached an unfair decision, either based on your self-disclosure or based on information revealed via a DBS check. It is important to note that DBS checks themselves are not (with the exception of someone’s name appearing on the barred list for certain roles) decision making tools in themselves; you cannot ‘pass’ or ‘fail’ a DBS check. It is up to the employer to make a decision about someone’s suitability for employment, with the information a check reveals only one part of that decision.
You should feel empowered to make a case directly (as in this example from our website) to an employer is you believe a mistake has been made in decision making. We would encourage you to call our helpline to seek support if you decide to do so.
Receiving a conviction whilst in employment
Should this happen to you, it is important to understand your legal obligations and the potential consequences. We can offer advice (see the Unlock website here), and you may consider seeking formal legal advice in some cases.
The first thing to consider is whether your contract of employment obliges you to share information about convictions or cautions received. If it does, then you have no choice but to do so. However, it may not always be as clear as this. Whilst there’s no legal need to disclose information about immediately spent convictions (as some cautions are; you would be protected under the Rehabilitation of Offenders Act 1974) it may be the case that your contract requires you to disclose any level of interaction with the criminal justice system, such as an arrest or having to answer charges. It is also important to consider whether your conviction and any associated orders place any restrictions on you and your ability to fulfil your job. If it does, you will likely need to discuss this with your employer regardless of the specifics of your contract with them
Employers may treat a conviction as a disciplinary matter, and respond in the same way they would for other disciplinary matters. This may be the case even if the offence took place away from work and was not related to your job. Employers may do this on the basis of the impact on the reputation of their organisation or perceived issues of risk. However, it is not the case that a conviction should automatically lead to dismissal.
Should you be dismissed, your employer should have an appeals procedure. If this doesn’t help, then you could take your case to an employment tribunal.
