Convictions and Rehabilitation Act to prevent Discrimination

[smileyculture]

Newbie here, Just read another thread in General, titled Convictions and the subject of Discrimination was mentioned. Is there any case law on someone having a criminal record, being discriminated against and losing their job. Can an employer say that anyone with a certain conviction, cannot work for them, without enquiring when convicted, are they repeat offenders etc.. Has the Rehabilitation Act been used to prove discrimination. Interesting subject as not one of the protected characters but clearly covered under the Rehabilitation Act 1974.

[labman]

Re: Convictions and Rehabilitation Act to prevent Discrimination

I was about to ask if this is theoretical or real, but your last sentence suggests it is real.

What was the crime and what is the job?

[smileyculture]

Re: Convictions and Rehabilitation Act to prevent Discrimination

At the moment it is a fishing exercise to find out if there is any real case law out there. It would appear that very few who have been discriminated against, have used the Act as a defence. The majority, just take it as normal and do not see they have any rights of discrimination. Writing a scenario, would just draw those, who are either for or against, at the moment. I have heard of a HR department who think a person with a sentence that is never spent, cannot be rehabilitated and thus can be dismissed without recourse. Sad but true, when they think that is exactly what the rehabilitation Act states.

[labman]

Re: Convictions and Rehabilitation Act to prevent Discrimination

Without a scenario it is impossible to answer your question. It would depend on the crime and the job sadly.

[smileyculture]

Re: Convictions and Rehabilitation Act to prevent Discrimination

I can understand that to a point, but is there any case law on employment issues and the act that spring to mind. A lot of case law reference is beyond a lot of normal peoples reach. Even finding it on the web is not that easy without a good knowledge of exactly what to look for..

[labman]

Re: Convictions and Rehabilitation Act to prevent Discrimination

Are these of any use to you? The first is probably the most relevant to you.

http://ukhumanrightsblog.com/2013/01...es-convention/

https://nationalcareersservice.direc...nvictions.aspx

http://ww2.prospects.ac.uk/downloads.../offenders.pdf

[smileyculture]

Re: Convictions and Rehabilitation Act to prevent Discrimination

Thank you, the 3 links were very helpful. Scenario, employed as IT tech in college, ticked CRB as had record 12 years before for handling stolen goods, sentence 2years 8 months. No one asked about CRB during interview or after filled in CRB. Never asked during 7 months working. Suddenly called in office and sacked on spot as Authority received CRB and told College to sack me straight away. I see this as clear discrimination for having a record which I disclosed.

[charitynjw]

Re: Convictions and Rehabilitation Act to prevent Discrimination

http://www.bbc.co.uk/news/uk-21205198


25 January 2013
Judges rule CRB checks 'incompatible' with Human Rights Act

[bluebottle]

Re: Convictions and Rehabilitation Act to prevent Discrimination

Hi Smileyculture,

The Rehabilitation of Offenders Act has rehabilitation provisions which cover fines, custodial sentences, community punishments, etc., which can vary, according to the type of offence and whether it falls under Criminal Law, Road Traffic Law or whatever area of English Law. However, some offences, particularly Schedule 1 offences, the most serious, have a perpetual rehabilitation period, which means the offender is On Licence. This means they can be recalled to prison at any time. There are also occupations an offender is excluded from during and, sometimes, following completion of a rehabilitation period.

Handling Stolen Goods carries a maximum penalty, on conviction, of 14 years' imprisonment, which makes it one of the more serious offences under the Criminal Law. You mention you had to undergo a CRB check. Was this a Standard or Enhanced Disclosure?

[labman]

Re: Convictions and Rehabilitation Act to prevent Discrimination

Working with people of that age it would almost certainly be an enhanced CRB check.

[bluebottle]

Re: Convictions and Rehabilitation Act to prevent Discrimination

The next question that arises is -

Does disclosure of the conviction have any relevance to the post or make the OP unsuitable for the post, given the nature of the offence nd whether the rehabilitation period has been completed?

[labman]

Re: Convictions and Rehabilitation Act to prevent Discrimination

Deleted by poster

[smileyculture]

Re: Convictions and Rehabilitation Act to prevent Discrimination

It was enhanced as I disclosed offence. The position had no relevance to offence.

[bluebottle]

Re: Convictions and Rehabilitation Act to prevent Discrimination

Any idea who made the decision to dismiss? Where I last worked, someone, who turned out to be an accountant, made a decision with regard to another employee's application in respect of an offence that occurred over 35 years before and it nearly resulted in legal action that could have resulted in my colleagues and I being made redundant. Needless to say, the accountant was asked to leave.

[smileyculture]

Re: Convictions and Rehabilitation Act to prevent Discrimination

No, only that it came from HR department.