AR, R (on the application of) v Greater Manchester Police & Anor [2016] EWCA Civ 490

Posted In: Case Law
  • Case Reference
    EWCA Civ 490
  • Legal Body
    England and Wales Court of Appeal (EWCA)
  • Type of Claim / Jurisdiction
    Human Rights, Recruitment and Selection
Issues covered: European Convention on Human Rights (ECHR); Right to Privacy; Right to Fair Trial; Criminal Records

The claimant in this case was a qualified teacher who, whilst working as a taxi driver some six or seven years ago, was accused, tried and acquitted of rape. He later applied for various teaching posts but was not successful. The main reason appears to have been that the 'enhanced criminal record certificate' (ECRC), required under the Police Act 1997, included reference to his acquittal for rape and, understandably, put prospective employers off employing the teacher. He appealed the decision to refer to the rape charges:

"There is no conviction. The jury rejected the complainant's evidence and the disclosure of the allegation is so prejudicial as to prevent me from being fairly considered

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register 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

Already a subscriber, now or Register

This article is correct at 17/06/2016

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.

Legal Island
Legal Island

The main content of this article was provided by Legal Island. Contact telephone number is 028 9446 3888 / 01 401 3874 or email

View all articles by Legal Island