No, the Supreme Court in the case of R (on the application of T and others) v Secretary of State for the Home Department and another  UKSC, 18 June has held that the requirement to disclose all cautions and convictions for a criminal record check is incompatible with Article 8 – Right to Respect for Private and Family Life.
In recent years finding a job has become increasingly difficult, with the market being tough for all type of workers. What makes the market even tougher for some individuals is the requirement that they must disclose all convictions, even spent convictions, to their prospective employers.
These individuals will be pleased to hear that the Supreme Court, in the above Judgment, has ruled that prospective employees are no longer obliged to inform an employer of all convictions that are spent and a ‘common sense’ approach should be adopted when choosing what convictions to disclose.
For those who are unsure, a conviction will become a spent conviction once a rehabilitation period that is assigned to each conviction has lapsed. A conviction that involves a prison sentence of more than two and half years will never be a spent conviction. In essence, a conviction such as a fine or imprisonment for up to two and half years will become a spent conviction.
We at Griffin Law feel this is welcoming news for individuals and is a step forward in helping individuals secure employment.
If you are unsure whether your conviction is a spent conviction or whether you need to disclose your conviction when applying for a new job, please contact us here at Griffin Law. We offer a free initial telephone consultation to help you with your concerns over any employment issue. We are employment lawyers who work with people like you every day and can give help and support along with the very best employment advice.