Criminal Record?

[daemon]

Further to a thread on the main board relating to life in prison and what happens when you get out with regards to jobs, it set me thinking...

In my organisation we ask if someone has a criminal record, but its basically a tick box with a comment field to fill in.

Is someone legally obliged to disclose that they have a criminal record, and what action (if any) would be taken by the police / public prosecution service if someone was found to have lied?

EG - someone applies for a job here, ticks 'no', but it later turns out they have a suspended sentence from 2 years ago for GBH or whatever. What "rights" have we as an employer, other than - presumably - dismissal through the gross misconduct process?

ie, is there any consequences for someone with a criminal record to tick "no", other than if they are subsequently caught on they could face dismissal?

[Amused2death]

The relevant act is "Rehabilitation of offenders" act 1974

https://www.gov.uk/government/uploads/system/uploa...

As for legal action taken if someone has lied.....well possibly obtaining goods (money) by deception.

Would expect them to be dismissed.

[StevieBee]

They have failed to provide information that you are legally entitled to ask for or they have provided false information and thus in breach of their terms of employment so you are entitled to dismiss them instantly.

I believe non disclosure is also a criminal offence.

The only sure fire way to check is via a DBS check.

[anonymous-user]

Save in some occupations, the employee is entitled not to disclose spent offences: See the Statutory reference above. Non spent convictions should be disclosed.

[tenpenceshort]

I don't know if it's been updated on the government website, however the periods of rehabilitation changed in March this year (altered by 'LASPO'- Google it). The effect is rehabilitation periods are much shorter now than they were.