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

  • 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

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This article is correct at 17/06/2016
Disclaimer:

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.

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