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This article was published on July 18th, 2014
Criminal convictions which have become ‘spent’ (elapsed) do not usually need to be disclosed to prospective employers. However, there is an exception where the job being applied for involves working with children and vulnerable adults. In those cases all convictions and cautions, regardless of how old or how serious, must be brought to light.
However, the Supreme Court has now held that this requirement violates the right to private life under Article 8 of the European Convention on Human Rights.
The cases which led to this decision involved two people. T applied for a job at a football club and had had to disclose details of a warning he received for stealing two bicycles when he was 11. JB had been cautioned for stealing some false nails and because of that was rejected for a job as a care worker eight years later.
The Supreme Court held that the requirement for information like that to be disclosed was an unnecessary and disproportionate interference with the right to a private life. The criminal records system must be scaled back to “common sense levels”, the court said.
This website privacy notice sets out how Thorneycroft Solicitors uses and protects any information that you give Thorneycroft Solicitors when you use this website.
Thorneycroft Solicitors is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Thorneycroft Solicitors may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 01/05/2018.
What we collect
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What we do with the information we gather
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If you do not instruct us in relation to your legal matter, your personal details will be retained for a period of 12 months.
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