Sacked for lying on job application (questions answered accurately/ honestly) relates to criminal conviction.
Hi all,
Throwaway account with some details sanitised to not be too specific but the process will be bullet pointed.
I applied for a job in March, after being arrested for a low level offence. A question in the application was "do you have any non spent criminal convictions?" With option for yes (give more details) and no. I answered no.
I started employment in early July. In mid July, I attended court and was convicted of common assault battery relating to my arrest. This was a drunken, totally uncharacteristic one off that I don't remember. Really bad look for me. I was given a 12 month community order and have to do 150 hours of unpaid work. I will have completed this unpaid work by the start of next week and the court order will be terminated early as a result. The conviction will then be spent.
I followed company policy and disclosed my unspent conviction. This resulted in my suspension and subsequent dismissal for lying on the application. The manager suggested, to the effect that "I should have known an arrest would have resulted in a conviction so should have disclosed "relevant information ". I appealed this decision and following my appeal, the company has apparently discovered "procedural inconsistencies " meaning they reinstated my employment and I will be back-paid, but I was immediately suspended again and a new disciplinary process is underway.
I have sought advise from unlock, who have provided references explaining to the company that there is no requirement to disclose arrests etc. I have spoken to ACAS who have advised me to see the process through and cross that bridge when I get to it. The union is also helping.
This role is not exempt from the rehabilitation of offenders act. They are entitled to conduct a basis DBS check only. The role is based in England and so am I.
I'm just posting to see if there's anything I'm missing to help me advocate for myself and give me the strongest case that I haven't lied which I don't believe I have.
Thanks in advance for any assistance.