Can you be refused a job because of a criminal record: 7 lawful and unlawful grounds

Many Ukrainians are convinced that a criminal record makes it almost impossible to find official employment. In reality that is not the case. The law does not prohibit employment for everyone with a criminal record, although in some situations an employer does have the right to turn a candidate down. Let us look at when such a refusal is lawful and when it may infringe employment rights.

1. The law expressly prohibits holding the position

This is the most common lawful ground for refusal. For certain professions, the law requires the absence of a criminal record or compliance with special criteria. In that case the employer is not merely entitled but obliged to follow the requirements of the legislation.

2. The court has banned the person from holding certain positions

Where a court verdict has imposed an additional penalty in the form of deprivation of the right to hold certain positions or engage in certain activities, the employer has no right to take the person on for such work until the ban expires.

3. The vacancy requires a special check

Some positions involve passing a special check or submitting a criminal record extract. If the candidate does not meet the requirements laid down by law, a refusal of employment may be lawful.

4. Refusal solely because of a spent conviction

If a conviction has already been spent or quashed and the position carries no special restrictions, a refusal based only on the candidate’s past may be unjustified. Every such situation has to be assessed individually.

5. The employer does not explain the reason for refusal

Not every refusal amounts to discrimination. An employer is entitled to choose the candidate who best matches the requirements of the vacancy. However, if doubts arise, it is worth asking for an explanation of the reasons behind the decision.

6. The conviction has nothing to do with the future job

Where the law sets no special requirements for the position and the nature of the conviction has no bearing whatsoever on performing the future duties, an automatic refusal based solely on its existence may be legally questionable.

7. The employer demands a certificate without lawful grounds

Not every vacancy requires a criminal record extract to be submitted. If such a requirement is not provided for by law and is unrelated to the specific nature of the work, the candidate is entitled to ask on what basis the employer is requesting the document.

What to do if you have been refused

First of all, it is worth establishing the reason for the refusal and checking whether the law lays down special requirements for that particular position. If there are doubts about the lawfulness of the employer’s decision, it is worth seeking legal advice.

A criminal record in itself does not mean an automatic refusal of employment. A refusal is lawful only where it is expressly provided for by legislation or by a court verdict. In other cases the employer’s decision has to be justified and to comply with the requirements of employment law.

If you have been refused a job because of a criminal record and you are unsure whether that was lawful, contact the lawyers of the Strategic Advocacy bar association. They will help you assess the situation, examine the employer’s actions and, if necessary, protect your rights.