Dismissals and spent convictions 


Dismissal for a spent conviction is automatically unfair. However, unlike most automatically unfair dismissals, two years’ service is needed to bring this claim. 


In general, workers are under no obligation to tell their employer that they have been charged or convicted of an offence outside work, unless they are specifically asked, or if the employment contract requires them to disclose this. Even then, employees have no obligation to disclose spent convictions unless they work in certain professions or regulated occupations (such as financial services), or with children or vulnerable adults (see Chapter 3).