Can Phils boss sack him?
• The question is whether or not the conviction for shoplifting is relevant to Phil’s ability to carry out the requirements of the position as a retail assistant • A requirement of a position where money is handled may be trustworthiness • However, other factors to take into account also include how long ago the offence occurred, how old the person was when they were convicted, the circumstances of the offence and whether they have held positions of trust in the meantime • In this instance, Phil was only a youth when he was convicted, and he has held similar positions for the last 4 years and has excellent references • If Phil’s boss sacks him, it may be discrimination on the basis of irrelevant criminal record • Each case needs to be considered on its facts as to when a record will be relevant Maria’s twins go to day care. She asks “They can’t employ people with a criminal record can they”? • Again, the question is whether any criminal record is relevant to the position • If the carer
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