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Hi I'm wondering if anyone can help.

I started work as a support worker adults in feb19 injax to have a DBs I has a conviction of benefit fraud due to selling my own items on eBay it was classed as an income.

I got 12 months discharge and £404 fine in 2012.

My DBs is spent but apparently not on an enhanced so I did not tick the box.

They started me on before my DBs came through. I was then called in for a risk assessment.

A week later I carried in working for 10 days as they were short staffed. On the 21 Feb I had my area manager ring me to say stay off work until a meeting is set up with HR with full pay and do not go to any training as it will be cancelled. That day I received an email to say the training has been cancelled with why it has been cancelled at the bottom "left organisation".

I was distraught when I saw this as I've not even has a meeting yet. Anyway had a letter for a Meeting on the 8th march 19, a performance review. My performance is excellent even had cards off work to say how pleased they were with me and they say because you never ticked the box we cannot have you around vulnerable people.

I asked if you had already made your mind up when I received the email stating "left the organisation", she said no. I said why did I receive the email and she couldn't answer me.

Do I have a case ???

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    This is quite hard to read because of the formatting and punctuation. Can you break it up into smaller sentences? Are you talking about the UK DBS - Disclosure and Barring Service (a criminal record background check)? – Dave Gremlin Mar 9 at 10:21
  • Yes Dave can you tell me where I stand with the email they sent me – Stano Mar 9 at 16:05
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    Just a bit of info for readers: A 'standard' DBS check (there are different levels of check) is a check of spent and unspent convictions, and a check of police cautions. Their purpose is to protect children and vulnerable adults by allowing employers to see the criminal history of job applicants in this emplyment sector. They came about because abusers were getting these jobs inspite of repeated cautions and arrests but no convictions; their police history was not visible even though they were clearly a danger to those they work with. IANAL – Dave Gremlin Mar 10 at 10:23
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Ignorance isn't a valid defence in the eyes of the law.

Social workers are exempt from the law regarding spent convictions because it is working with vulnerable people. Listings for such posts warn that this is the case and take applications as a declaration that you understand and accept this. When you filled in the form for your DBS certificate you also signed a declaration that says everything in the form is the truth to the best of your knowledge. However unwittingly, by not checking that box you've broken that declaration and when you combine those things. While you may not consider your conviction to be fair or relevant to your work, and regardless of your intent, you did conceal it.

I'm sorry that you seem to have lost a job you love, because that's a punch in the gut, but I don't think you have a leg to stand on. Even if HR have screwed up, what you've described could amount to gross misconduct given the line of work.

  • I am.upset what about the email they sent me – Stano Mar 9 at 16:01
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    Your original post didn't make that clear. As far as your job goes out is in HR's hands for now, but mooks with keyboards aren't going to be of much help. – Sam Lee Mar 9 at 16:28

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