I’d appreciate some advice on an issue i’ve been involved with recently.
I work for an employer who requires all staff to complete an enhanced CRB check due to the nature of work (working with/contact with children, young people and vulnerable adults and therefore falls under the exeptions order of the rehabilitation of offender act.)
We also ask candidates selected for interview to complete a declaration of criminal background form and to list all convictions spent and unspent.
Anyway, we have recently recruited a person who completed this form and answered that there were no previous convictions spent or unspent. A subsequent enchanced CRB has highlighted a criminal record from years ago.
After seeking advice from our umberella body, (who advised this is a "sackable offence") that we had no alternative but to summarily dismiss the employee on the grounds that they did not disclose this information.
The conviction on the CRB is relevant to the position they were recruited for but, due to the length of time that has passed, I am concerned that sacking the employee may have been the wrong decision as, if they had disclosed, we would probably have employed them any way as the conviction would not have had any bearing on them working with vulnerable young people.
As a trainee HR person, i would appreciate any feedback or opinions.
Thank you