Jump to content
  • Tweets

  • Posts

    • Not sure about the lease read through all the documents i have and couldnt find anything about parking. Contacted the management Office to get a copy sent to me. When i complained to them about the ticket they told me to appeal so they clearly don't care.      and yes it's a gated underground parking area with key fob entry. 
    • The coronavirus pandemic has thrown many countries into recession - but what exactly is it and how could it affect you? View the full article
    • Oh and before bed   Officially leaked statements about a PHE report claiming that a UK study will say there is little evidence of children transmitting Covid.   Leakers stats look impressive until you realise he's on Johnson's SAGE so makes you think - huh - hows that then when all the science I've seen says different, and there are a number of reports of spreads in schools across the world from schools that had opened.   Then, little as the information 'leaked' is, you see   "largest studies in the world on coronavirus in schools" and then "The study was carried out in 100 institutions in the UK and is expected to be published later this year. About 20,000 pupils and teachers in 100 schools across England were tested to monitor the spread of the disease up to the end of the summer term – which runs from April-July in Britain."   Then you click. That averages 200 pupils and staff per 'institution' checked We dont know what these institutions are, but I think over 200 is the average for infants schools. Other schools tend to be FAR larger. Did they test everyone at each institution, or just some ??? we don't know yet - they are choosing not to leak that - Wonder why?   We currently understand that younger children (pre teenage) seem to present few/less symptoms  (statistically) but large increases in teenager covid has been reported as lockdowns ease and they start to meet more.   I know my OH's grandson (mother a nurse) has remained at school in classes one third or less that normal, with the majority of kids having front line worker parents - so well aware of the discipline and hygiene necessary. We know the schools maintain distancing, monitoring and maintenance which would be IMPOSSIBLE in normal class sizes.   So in a lock down situation, with class sizes significantly lower than normal (highly aware front-line workers kids mainly), increased distancing and cleaning made possible by SIGNIFICANTLY smaller class sizes - Has maybe resulted in no great evidence of covid spread perhaps?   Well Whoopy do. Lets ramp the class sizes back up to 30+ and see what happens ..     Lets let the mail lead the way Coronavirus infection rates are rising in ALL age groups under 65, Public Health England data shows with biggest surge in under-fives which 'should be watched very carefully' https://www.dailymail.co.uk/news/article-8615423/Coronavirus-infection-rates-rising-age-groups-65-Public-Health-England-data-shows.html     and the ONS stats showing how similar the stats are (a statistically significant  difference can be very little actual difference)   https://www.ons.gov.uk/peoplepopulationandcommunity/healthandsocialcare/conditionsanddiseases/articles/coronaviruscovid19infectionsinthecommunityinengland/july2020     Notes: These statistics refer to infections reported in the community, by which we mean private households. These figures exclude infections reported in hospitals, care homes or other institutional settings.  
    • i understand and agree you should write a formal letter of complaint about the email by royal mail.   i also think you should totally dispute the arrears balance, esp as it goes back so long   send them an sar and add to the text in it that you want statements/bills dating back to the gb energy a/c.
    • When you see the reports coming out that serco was involved from the earliest stages apparently to give expertise   and that resulted in 18 million plus people coming back into the UK untested from hotspots .. and then even the general advice to self isolate after they had travelled across the UK home being withdrawn in the run-up to the lock down   That went well says cummings      
  • Our picks

    • Curry’s cancelled my order but took the money anyway. Read more at https://www.consumeractiongroup.co.uk/topic/423055-curry%E2%80%99s-cancelled-my-order-but-took-the-money-anyway/
      • 11 replies
    • Father passed away - Ardent Credit Services (Vodafone) now claiming he owes money. Read more at https://www.consumeractiongroup.co.uk/topic/423040-father-passed-away-ardent-credit-services-vodafone-now-claiming-he-owes-money/
      • 9 replies
    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 6 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 16 replies
pmj91

Disciplinary action due to CRB check results - URGENT

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3419 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I work as a delivery driver for a pharmacy. I have been with them for around 3 months now.

The job required a CRB check which came through yesterday showing a reprimand and a final warning I got when I was under 17 (kids cautions pretty much).

 

The Police National Legal Database says:

Cautions are now covered by the Rehabilitation of Offenders Act 1974 so will become spent immediately (apart from conditional cautions which will become spent after 3 months). This means that if you are asked on an application form if you have a caution you can reply 'no'. For conditional cautions it would be after 3 months since the caution was issued, up until that time you would have to reply 'yes'.

 

Thus, I would not have to declare a caution on my application form because it is spent.

 

The exact wording of the application form was as follows:

Do you have any court/criminal convictions, outstanding summons or prosecution (exclude spent convictions under the Rehabilitation of Offenders Act 1974).

 

Please note that giving false information may mean you are subject to disciplinary action, which could include dismissal.

 

Now, the application does NOT mention cautions, warnings, reprimands. It does NOT ask you to disclose those. I do not have any convictions, only a reprimand and final warning (kids cautions). Therefore, I did not declare them. And even if it did ask for them, the application clearly says to exclude spent convictions. Under the Rehabilition of Offenders Act, cautions are automatically spent so I wouldn't have to declare it anyway.

 

I have been suspended, with full pay, until the coming Monday morning which is when I have to go for a disciplinary meeting. I have been told that I will either receive a Final Written Warning or instant dismissal. This is not due to the fact of my actual warnings but the fact I did not state them.

 

But according to what I have read and said above, I surely do not have to. Therefore surely it would be against employment law and the Rehabilition of Offenders Act to give me any disciplinary action of any sort??

 

I would greatly appreciate advice on the matter. As you can imagine, it is now Saturday and my disciplinary is on Monday. I need urgent advice and I would like to get hold of a solicitor....not an easy task at the weeked. So if anyone is aware of anywhere I can get urgent advice today, would be appreciated.

Share this post


Link to post
Share on other sites

first off can i ask which level of crb check did you get done?

Share this post


Link to post
Share on other sites

Enchanced was done. All convictions, even unspent, are shown on Enchanced CRBs for a number of years afterwards.

Share this post


Link to post
Share on other sites

All convictions/cautions show on an enhanced CRB, even those from a child. This is unfair in most cases IMO. Depending on the reason why you received the caution, I cannot see why you are being disiplined. The CRB should be looked at in context, i.e. the reason you received the caution and the fact that you were 17 yo at the time. As the application was specific, my view is that you completed it honestly, therefore it seems a little unfair for them to discipline you.

Share this post


Link to post
Share on other sites

It would certainly seem to me that you are being treated most unfairly, and are fully entitled to ask exactly what you have been suspended for. Clearly you have answered honestly on the application form, and hopefully this will be established and you will be returned to work immediately. You need to go to the meeting well prepared with the information that you have put in your original post to demonstrate that you have been 100% truthful according to what was asked of you.

 

I am a little surprised that the application form was worded in quite that way if they were going to apply for an enhanced CRB, as you correctly say that ALL information is shown on that whether spent or not. You must have given permission on the application for them to do this - are you sure that there was no 'small print' relating to the CRB that you have missed? If not, then you should not be dismissed or even warned. The big BUT is that there is little that you could do if they were to dismiss you with only a short period of service, unless you could prove a discriminatory motive for them acting in that way. You would certainly be wrongfully dismissed if that were to happen, but your only remedy would be to sue, and any damages would be limited to actual losses, normally equivalent to the amount that you would have been given if notice had been given.


Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

Share this post


Link to post
Share on other sites

If it specifically says to exclude spent ones - and yes, an enhanced check shows everything even some things which were reported and didn't even result in a caution - and the Act says that caution is spent, I don't see how you could have committed any misconduct omitting them by following their instructions!

 

If there wasn't such a short timescale I'd definitely say seek legal advice - forums like this are great but for really important things like this, probably not verifiable enough.

 

The thing is, you've only been there three months so legally, there probably isn't anything they can do if they do get rid of you, there's probably some clause in the employment legislation or your contract saying they can, sadly.


The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

If my post has helped you please click my scales!

Share this post


Link to post
Share on other sites

Hello,

You may want to get in touch with Nacro as they give free information & advice concerning CRB checks and what your rights are if you become suspended or dismissed from employment due to what the CRB check brings up......

I wish you all the best

Share this post


Link to post
Share on other sites

Just a small point on enhanced CRBs. They do not show always show all previous cautions / reprimands etc...

 

Someone I know received a formal caution when they were 19. There is no mention of this on their enhanced CRB, and when they recently had to give evidence in a criminal court case as a prosecution witness the police ran a full PNC check on them, which showed up nothing whatsoever.

Share this post


Link to post
Share on other sites

Join a Union


Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

Share this post


Link to post
Share on other sites
Join a Union

 

 

;-)

Share this post


Link to post
Share on other sites
Join a Union

 

A union is unlikely to take on your case if you've only just joined. It's like taking out car insurance after you've crashed the car.

 

HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

I know someone pretty close to me who has to have a CRB enhanced check done periodically. I know for a fact that they have a criminal conviction from 13 years ago for deception, but it does not show on their CRB check. They are an honest and hard working person, but it does just show that the 'system' is flawed in both directions.

Share this post


Link to post
Share on other sites

Join a union for next time those bstards try to grind you down.


Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

Share this post


Link to post
Share on other sites

This is an old post you can now close.

I did win against my employer - they weren't able to let me go and I got off scott free after presenting all the evidence, relevent employment legislation (ROA act), etc. :)

Share this post


Link to post
Share on other sites

Congratulations and pleased to hear your good news.

 

Are you able to elaborate on exactly why they were not able to dismiss?


Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

Share this post


Link to post
Share on other sites

I would also ask why you ACTUALLY require an ECRB for the post that you hold, quite often employers ask for CRB when there is no legal requirement.

 

I am sure there was a case involving a security guard at a factory, liverpool?, who becasue children visited was required to get a crb and when he refused was threatened with dismissal, I don't think it got as far as an ET, could be wrong, point was that the employer had no lawful reason for him to have CRB check, he didn't work with or have regular contact with children.

 

You could check out CRB website for requirements ?

 

Good luck

W_W

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...