Have I a claim for unfair dismissal?

[dewiwayne]

Hi all,

 

I started a job with a small local supermarket for a driving job on the 6th of April.

 

In my interview I had produced my other qualifications and the MD seemed very pleased with the qualifications I had (SIA Licence and PAT Testing qualification) and started me the Tuesday after the Easter Holidays.

 

I explained in my interview that I had previous disqualifications on my licence which have now been spent on my licence and cleaned off my paper part of my driving licence. I did not explain any more on it except they were from between 5 and 8 years ago and when I was a juvenile.

 

I had been requested to give them a copy of my CRB Disclosure from when I had my SIA Licence back in Feb 2010 so they could put it on my file.

 

So I took time out of my day to give them my CRB on Saturday on one of my days off.

 

I got into work this morning and I was called straight into the MD's Office by the MD and he had my CRB disclosure in front of him and he said to me that he was not happy that I didn't disclose this to him in my interview. I explained that all the convictions were Spent under the Rehabilitation Act and they shouldn't be taken in to any inconsideration now because they were not active liable convictions.

 

I also explained they were when I was 16-17yo and that I am now a mature, married man with a 4 year old son to support but he just looked at me with disgust and said that his Insurance Company would not insure me with a record like that then said that the payroll were doing my P45 as we speak and that he is dismissing me from their employ as of now. Then had the Area Manager escorted me from the shop and said that the P45 and my CRB will be in the post.

 

In their Employees Handbook they state that in the 3 month probationary period that they are to give one weeks notice and I am to do the same if I was to quit.

 

Have I got a case?

 

I had been given a contract draft which he asked me to look at over the weekend and return it to him on today which I stupidly left in his office.

 

can anyone help with a letter of appeal before I contact employment tribunal about this.

[Bigredbus]

Hi,

 

Had you been employed for over a year, you would certainly had a possibilty to seek redress before a tribunal. However, because you have been employed for less than a year, you do not have statutory rights, hence no legal action can be taken against your ex-employer...

 

Make sure you have a letter stating the reasons for your dismissal as you would be entitled to your week's notice if dismissed for other than summarily on gross misconduct.

[R&J]

Off the top of my head -

 

The Rehabilitaiton of Offenders Act states that all spent convictions do not have to be disclosed, unless you are applying for employment in certain lines of work (teaching, police etc...)

 

If you have been dismissed for failing to disclose a spent conviction your dismissal could potentially be unfair.

 

Normally you have to be employed for a year to claim Unfair Dismissal, however there are some situations classed as 'automatically unfair' where the year-long requirement does not apply.

 

This could be one of them, I will look into it...

[dewiwayne]

From Rehabilitation Act 1974 Section 4 Paragraph 3a

 

"a conviction which has become spent or any circumstances ancillary thereto, or any failure to disclose a spent conviction or any such circumstances, shall not be a proper ground for dismissing or excluding a person from any office, profession, occupation or employment, or for prejudicing him in any way in any occupation or employment."

 

So I am wanting to write to him for an appeal.

 

and would like you great caggers to help me in doing so

 

with thanks

 

dewi