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"Do you have any cautions or criminal convictions?"


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So it's academic now for that job, but for the future, if you asked again, unless the job is one which is exempt from the Rehabilitation of Offenders Act (highly unlikely for jobs like the one you described), employers cannot ask you to disclose a spent conviction or caution. If your conviction/caution is spent it's legally as if it didn't exist and you can and should answer 'No' to the question you were asked. What's more if the employer were to find out about it at a later date they cannot dismiss you or discipline you or take any other action against you - it's a criminal offence under the RoOA for an employer to act to your detriment because of a spent conviction/caution.

 

There are many websites online that will tell you which jobs are exempt from the RoOA and it's only for those that you must disclose spent convictions Even that's changed recently and for jobs which are exempt you usually don't have to disclose old convictions for minor offences any longer. Again, plenty of online websites explain what the rules for that are.

 

Unless you are in a regulated industry that is exempt from RoOA the employer cannot obtain DBS (CRB as was) checks anyway.

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