Surviving a criminal charge, conviction, caution or police investigation at work

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Criminal Charge and issues at work

If you have received a criminal charge, conviction, been cautioned or are the subject of a police investigation at work, then this is the guide for you. ACAS says that just because you are charged with or convicted of a criminal offence, received a caution or are the subject of a police investigation, is not enough in itself for disciplinary action to be taken against you. Your Employer needs to consider the impact of the charge or conviction on your ability to do the job, and whether the charge or conviction impacts on your work relationships and/or customers.

If the outcome of your Employers investigation shows that some disciplinary action is necessary, your employer does not have to await the outcome of prosecution before starting the disciplinary procedure. The police should not be asked to conduct any investigation on behalf of your employer, neither should they be present at any meeting or disciplinary meeting.

This e-book provides you with essential information and guidance on;

  • Your right to silence
  • How to deal with a charge or conviction
  • How to deal with custody or remand
  • Frustration of contract

You can be disciplined for criminal offences occurring at work, in which case discipline will fall under “conduct” reasons. If the alleged criminal offence is outside of work it would fall under “some other substantial reason (SOSR), for example a breach of the duty of mutual trust and confidence.

The ACAS Guide says that just because an employee is charged with or convicted of a criminal offence, is not enough in itself for disciplinary action to be taken against that employee. Your employer needs to consider the impact of the charge or conviction on your ability to do the job, and whether the charge or conviction impacts on your work relationships and/or customers. This means that your employers have to conduct their own investigation on the information available.

If the outcome of your employers investigation shows that some disciplinary action is necessary, your employer does not have to await the outcome of prosecution before starting the disciplinary procedure. The police should not be asked to conduct any investigation on behalf of your employer, neither should they be present at any meeting or disciplinary meeting.

How to survive a Criminal Charge, Conviction, Caution or Police Investigation at work 

 

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Disclaimer

This resource is published by Employee Rescue Limited. Please note that the information and any commentary on the law contained herein is provided for information purposes only. The information and commentary does not, and is not intended to, amount to legal advice. Employee Rescue accepts no responsibility for any loss occasioned to any person acting or refraining from action as a result of the material contained in this publication.

Further specialist advice should be taken before relying on the contents of this publication. You can send an e-mail to thelawyers@employeerescue.co.uk for such specialist advice if required.

Case Study

Westlake v ZSL London Zoo (2015) An employment tribunal ruled that a London Zoo meerkat handler who got into a Christmas party fight with a monkey specialist over their love rivalry for a llama keeper was unfairly dismissed, however she received nothing in compensation.  The employment tribunal said that two zookeepers who got into a fight at London Zoo’s Christmas party should have received the same disciplinary sanction. At London Zoo’s Christmas party, zookeeper Ms Westlake got into a fight with a colleague, Ms Sanders. The fight appeared to originate over another zookeeper Mr Davies, Sanders’ former boyfriend who was... Read More
Westlake v ZSL London Zoo (2015) An employment tribunal ruled that a London Zoo meerkat handler who got into a…Meerkats v Monkeys
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