sacked on receipt of DBS

[waynetta]

Hello, I'm new to this so don't really know if I'm doing it right or not!

Please can anyone help me?

My daughter disclosed details about her record to her new employer and was still accepted for the job albeit on probation. Is it lawful for an employer to then sack her on receipt of the DBS?

She has a caution for Common Assault occassioning actual bodily harm that happened in April 2009 when she was 17.

She has worked there for 4 months - it is in a Nursery.

The reason they gave her was because of her DBS but it has never ever been a problem in her previous nurseries where she has even been a 'Room Leader'.

Her attendance, punctuality, attitude to work is great and they kept saying she could go far!

She's devastated!

Any advice would be very much appreciated

[labman]

Re: sacked on receipt of DBS

This was taken directly from a Ministry of Justice document:

"Simple cautions do form part of an offender’s criminal record and may be used in future proceedings and in certain circumstances, may be made

available to an employer as part of a criminal record check. Offenders must be made aware of this before agreeing to accept a simple caution"


What the Nursery should have done is carry out a risk assessment on the likelihood of this affecting her ability to do her job. The fact that she is working with young children could well impact on their view of this, and the offence is potentially directly relevant to the work she is doing.

Is this a private nursery or a county run nursery school?

[charitynjw]

Re: sacked on receipt of DBS

People who work in certain jobs are required to undergo enhanced DBS (Disclosure & Barring Service) checks.

It may not be possible for the employer to continue employing someone on the 'barred' list.

If you think there has been a mistake, there is an appeal process.

You can find details of the DBS set-up, including the appeals process, here - https://www.gov.uk/disclosure-barrin...s-barred-lists

[smileyculture]

Re: sacked on receipt of DBS

In direct answer to your question, Yes they can sack her but the authority that employed her, should have procedures in place. And in practice, these should be followed. It appears the Authority have taken the view that they would rather terminate her employment.

Did she receive any lieu of notice pay? How was the dismissal handled.

It is not easy to have to face up to, but something like her offence can come back and bite you at any time. Did they give her a written reason for terminating the contract.


As for the offence itself, I have no idea if it would be on the barring list, if it were, then I am afraid they have the right to dismiss without question. Others will point out they have the right to dismiss at any stage, they have, but I for one don't agree with it.

In the current climate of unemployment, the best she could do is write to try and appeal it but other than that, she should look for another position and fully declare the offence from the offset and move on. There are other employers who will take her on.

[waynetta]

Re: sacked on receipt of DBS

This was taken directly from a Ministry of Justice document:

"Simple cautions do form part of an offender’s criminal record and may be used in future proceedings and in certain circumstances, may be made

available to an employer as part of a criminal record check. Offenders must be made aware of this before agreeing to accept a simple caution"


What the Nursery should have done is carry out a risk assessment on the likelihood of this affecting her ability to do her job. The fact that she is working with young children could well impact on their view of this, and the offence is potentially directly relevant to the work she is doing.

Is this a private nursery or a county run nursery school?

This is a private nursery but she worked in 2 private nurseries previous to that and it wasn't a problem. She also did her apprenticeship for her Level 3 Teaching Assistant in a Council run Primary School working with Nursery and Reception age children for 1 year. They also knew about her caution and had her CRB too.

[wales01man]

Re: sacked on receipt of DBS

Think the Nursery has the right to make their own decision here .
This is not aimed at the OPs daughter but there is a lesson for all if there is something in your past that may affect your future tell the truth at the start it can come back to haunt you.
I am not being judgemental but it comes true so many times

[teaboy2]

Re: sacked on receipt of DBS

As for the offence itself, I have no idea if it would be on the barring list, if it were, then I am afraid they have the right to dismiss without question. Others will point out they have the right to dismiss at any stage, they have, but I for one don't agree with it.

Since the offence happened when she was 17 it is likely that the victim was a minor (under 18) hence why it may show on the list, though clearly there would be grounds to appeal on the basis that she too was a minor at the time. We all had our fights and disagreements with others of similar age when we were that age!


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Waynetta

You said your daugther worked there for 4 months but how long was the probation period as usually, in most industries, its just 3 months? Also when was the DBS done and when were the results received? You also need to find out if your daughter appears on the barred list, or not - Which i suspect she does not given her employment history with other nurseries!

[labman]

Re: sacked on receipt of DBS

She won't be barred because of this. It will be up to the individual workplace, and would go to an ET if she fought it.

If she isn't already in one, it might be worth her joining a union if the past is going to come back and haunt her like this. It's a difficult decision for the Nursery as well, much as I sympathise with your daughter (and believe me, I do!). They are presented with this criminal record, and one which is for a pretty unpleasant offence, and have to make a decision with the best interests of the children at heart. It's tricky, and if in any doubt whatsoever, they have to come down on the side of the children in their care.

I'm not saying your daughter poses a significant risk, she probably doesn't, but her employers have got to see it that way.

In private nurseries there tends to be massive competition for places and they are a business. If word gets out, the business could be wrecked. The ursery would NEVER say they took a decision for this reason, but it wouldn't surprise me if there was something in that statement. :beagle: