Court of Appeal criminal record ruling to be challenged

Following a ruling by the Court of Appeal that individuals should not be required to disclose every criminal conviction to employers, the government is seeking leave to appeal to the Supreme Court.

The case focused on a 21-year old man who had been cautioned by Greater Manchester Police over the theft of two bicycles when aged 11.

An individual is currently required to reveal all convictions and cautions, including those that are deemed to be spent, when applying for certain types of employment. In this case, the man had been required to disclose these warnings on two occasions – which breached his right to a private and family life, according to the Court of Appeal.

As a result of the ruling, changes to the criminal records system are to be introduced, with old and minor cautions and convictions filtered from the records.

However, the Court of Appeal’s ruling will not take effect until after the Supreme Court has considered the government’s application for permission to appeal.

For more information on any aspect of employment law, please visit here or contact Lara Murray, Karl Barnes or Charlotte Woolven-Brown.