Undeclared Criminal Convictions

Posted in : How do I handle it NI on 10 March 2015
Lindsay Gibson
Issues covered:

We have just found out that an employee has a criminal conviction which he did not declare on his application form when he applied to work at our company, despite being asked to do so. What are we able to do about this?

Lindsay Gibson writes:

How you can deal with this situation fairly and lawfully, will depend on whether the conviction is ‘spent’ or ‘unspent’, the type of job which the employee carries out, and the particular circumstances relating to this employee.

A conviction becomes ‘spent’, or forgotten about, after a rehabilitation period. Different rehabilitation periods apply to different offences, based on the employee’s age at the time of the conviction and type of sentence

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 06/08/2015

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.

Lindsay Gibson

The main content of this article was provided by Lindsay Gibson . Contact telephone number is 028 9055 3300 or email Lindsay.gibson@tughans.com

View all articles by Lindsay Gibson