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Will An Old Dismissal Come Back To Haunt


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Posted on behalf of a friend, (my area of expertise is Insurance not Employment Law).

 

A person applies for a job and the application form states that candidates must list employment history going back the last 7 years. they duly do this and get offered the job.

 

At no stage during the interview, or or the application form was anything mentioned or stated relating to employmant history beyond the last 7 years.

 

This person was dismissed from a previous job over 12 years ago for Gross Misconduct and is worried about not mentioning it prior to accepting the new job.

 

My initial thoughts (because of my Insurance background) were about material facts, when you apply to take out insurance the duty of disclosure is on the policyholder to disclose anything that may influence or affect the decision of the insurer to offer insurance, is there a similar thing in Employment Law?

 

Any help or advice would be welcomed.

 

Mossy

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Was the nature of your friend's dismissal something that might have a bearing on his present job? For example, money handling etc.?

Can't see that your friend is obliged to disclose this. If they've complied with the interview questions and application form, and haven't lied, I think they should be safe.

 

Very sorry to hear you're in Wakefield, BTW. Crap, isn't it?

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Was the nature of your friend's dismissal something that might have a bearing on his present job? For example, money handling etc.?

Can't see that your friend is obliged to disclose this. If they've complied with the interview questions and application form, and haven't lied, I think they should be safe.

 

Very sorry to hear you're in Wakefield, BTW. Crap, isn't it?

 

To be honest I don't know the circumstances, all I was know is that the dismissal was for Gross Misconduct which seems to cover a multitude of sins.

 

Hey Wakefield has some great roads leading OUT of it! :)

 

Mossy

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IMHO, this wont have any bearing.

 

The reason that companies ask for the last 6-7 years employment records is for exactly this reason, but as they havent asked for 12 years, I dont see an issue.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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