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

It was reported by BBC Producer Oisin Tymons  lawyers on 16th February 2016 that  Jeremy Clarkson had apologised and settled the claim against him for race discrimination and personal injury.  Oisin Tymon launched the case against the TV presenter last year after an incident involving verbal abuse and Tymon ending up with a bloody lip. In his apology, released by Tymon’s lawyers Slater and Gordon, Clarkson said: “I would like to say sorry, once again, to Oisin Tymon for the incident and its regrettable aftermath. “I want to reiterate that none of this was in any way his fault. “I... Read More
Jeremy Clarkson and race discrimination
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