In this week’s MMD Daniel has completed his video update on the impact of criminal convictions on employment, this week focussing on recruitment challenges.

In the news we look at two high profile matters involving the Police and the RAF.

Outside of the world of employment and regulatory law we have an update from Kaye Willis in our litigation team on the new Responsible Actors Scheme (which relates to Building Safety not striking Hollywood actors) .

The Media Hub

To recruit or not? A criminal decision

 In part two of this video series on criminal convictions and the employment relationship, we discuss factors that a business might want to consider when deciding whether to recruit an individual with unspent convictions. We also tackle the tricky area of whether dismissal can be justified where convictions come to light during the employment relationship.

To watch this weeks’ video, please click here.

There have been lots of relevant employment law/HR updates this week.

Supreme Court dismisses appeal of officer who used force

An officer known as W80 shot dead a suspect in 2015. W80 had received intelligence that the suspect would be armed, when the suspect reached for his bag, W80 feared for his life and fired one shot. However, no firearm was found in the bag. Whilst the IPCC’s investigation concluded that W80’s belief his life was in danger was honestly held, it also held that it was unreasonable and there was a case to answer for gross misconduct. W80 took this decision to divisional court, which held that W80’s honest belief met the criminal law test of self-defense. However, the IPCC took this case to the Court of Appeal, who stated that neither the criminal nor civil test should apply, rather the wording within the Police Conduct Regulations. The case was appealed to the Supreme Court who dismissed the appeal, concluding that the civil law test should apply which would consider whether an honest but mistaken belief is ‘reasonable’. W80 is now waiting to see if disciplinary proceedings will be resumed.

https://www.supremecourt.uk/press-summary/uksc-2020-0208.html

RAF policies unlawfully discriminated against white males

In an attempt to boost diversity among RAF recruits, the RAF implemented policies which have been found unlawful in a recent inquiry. Richard Knighton, the RAF’s most senior officer has apologized unreservedly to all those affected and said that responsibility for the unlawful campaign lay with incorrect legal advice. Within the affected, included the former head of recruitment who was forced to resign from her role, rather than implement an order which she had correctly believed to breach equality legislation. Knighton confirmed that at least 31 men were discriminated against, who are now being compensated.

https://raf.mod.uk/documents/pdf/RAF-Recruiting-and-Selection-Non-Statutory-Inquiry-Report/

Focus On – Litigation

This week, Kaye Willis from our Litigation team has prepared an update on the new Responsible Actors Scheme which was passed earlier this month.

Responsible actors Scheme Regulations

Mental Health Awareness Sessions

In partnership with Mental Health First Aid, we are providing the opportunity to attend one of the mental health training sessions listed below. The sessions are delivered by accredited MHFA England Instructor Members and will help you gain a better understanding of mental health in a range of areas.  Please find the relevant information relating to the sessions below and let us know if you wish to attend.

 MHFA England Adult Courses

1. 26/27th September 2023
2. 28/29th November 2023

Supporting Mental Health in the Workplace Course – For Managers (Non Accredited Course)

1. 29th September 2023

Stress and Resilience Course – Cme Accredited

1. 30th November 2023

Supporting Mental Health in the Workplace_

Adult MHFA Two Day only flyer – instructor