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30 May 2013 / Ian Smith
Issue: 7562 / Categories: Features , Employment
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Employment law brief: 30 May 2013

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Ian Smith considers spent convictions, TUPE transfer affected employees & the enforceability of collective agreements

The decision of Keith J in A v B UKEAT/0025/13 explores an unusual element of the Rehabilitation of Offenders Act 1974 which hitherto has not surfaced significantly in the employment sphere. Section 4 provides for the normal rules on convictions becoming spent and so not adduceable in evidence. There has been significant lengthening over recent years of the categories of exceptions in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (SI 1975/1023), but this case concerned a general exception in s 7(3) which provides: “If at any stage in any proceedings before a judicial authority in Britain…the authority is satisfied, in the light of any considerations which appear to it to be relevant…that justice cannot be done in the case except by admitting or requiring evidence relating to a person’s spent convictions or to circumstances ancillary thereto, that authority may admit or, as the case may be, require the evidence in question notwithstanding the provisions

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NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
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