Mhembere v Secretary of State for Health, Court of Appeal, November 12, 2008, [2008] UKFTT 4 (HESC)

Resolution Date:November 12, 2008
Actores:Mhembere v Secretary of State for Health
 
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[2008] UKFTT 4 (HESC)Sharon Mhembere- v -The Secretary of State for HealthApplication No. [2008] 1291 PVABefore:Ms Andrea RiversMrs C. A. AlfordMrs Wendy StaffordHeard on 23rd October 2008, at Southampton Employment TribunalSamantha Broadfoot of Counsel appeared on behalf of the Respondent.Sharon Mhembere appeared in person and represented herself.The AppealThis was an appeal received by the tribunal on 17th April 2008. Ms Mhembere appealed against a decision, confirmed on 8th February 2008, to include her name on the PoVA list BackgroundIn July 2006 the appellant began working as a night care assistant at Merry Hall Nursing and Residential Care Home. The following December there was a CSCI inspection at which it was discovered that the home had not yet obtained a CRB check for her. Although it appears that the manager at that time took steps to remedy this, by March 2007, when a new manager, Pamela Johnson, took over, the CRB check had still not arrived. Eventually, on 8th May 2007, it did arrive. It showed that the appellant had a number of convictions for offences of dishonesty. Mrs Johnson noted that none of this information had been disclosed on the appellant's job application form and that indeed the form showed that she had specifically denied having any criminal convictions.Mrs Johnson telephoned the appellant and told her that she regarded the fact that she had provided false information on her application form to be a dismissable offence and, in the absence of any explanation from Ms Mhembere which she considered to be satisfactory, she wrote her a letter of dismissal.She then, on the advice of CSCI, referred the matter to PoVA list who made further investigations and on 8th February 2007 Ms Mhembere's name was confirmed on the PoVA list.EvidenceWe read a statement and heard oral evidence from Pamela Johnson, on behalf of the respondent, and we heard oral evidence from Ms Mhembere herself. We were also shown documentation including:the job application form;the CRB disclosure form;police computer records of the appellant's convictions;court records of the appellant's convictions andtwo references for the appellant, written in support of her job application.The ConvictionsThe information disclosed on the CRB check was confirmed by the police records. The court records were incomplete, but supplied additional, supplementary information. Taken together, these documents provided us with information about her convictions. On 8th December 2003 Ms...

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