LRD guides and handbook May 2017

Law at Work 2017

Chapter 10

Dismissals and spent convictions 



[ch 10: page 374]

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



Under the general law, workers are not obliged to tell their employer that they have been charged or convicted of an offence outside work, unless they are specifically asked, or the employment contract or any policy requires them to volunteer this. In any event, 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).