R (on the application of T and another) (Respondents) v Secretary of State for the Home Department and another (Appellants) Posted In: Case Law
Case ReferenceUKSC 35
Legal BodyUK Supreme Court / House of Lords (UKSC/UKHL)
Type of Claim / JurisdictionRecruitment and Selection
The Rehabilitation of Offenders Act 1974 (1978 Order in NI) provides that, after a period of time, the criminal convictions of a person are in many cases “spent” i.e. they are no longer deemed relevant and need not be declared to prospective employers, nor should they be disclosed under criminal records vetting procedures.
There are, or have been, some exceptions to spent convictions in caring sectors, where convictions never become spent for jobs working with, for example children and vulnerable adults. Employers may apply for Enhanced Criminal Record Certificates, where all convictions, no matter how trivial or old, are made known to employers in these caring professions.
One of the
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.