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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47887
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My former employer has recently informed me that they have

Resolved Question:

My former employer has recently informed me that they have discovered that I have a criminal conviction. When interviewed for the position of Finance Manager, they did not asked me if I had any convictions, so I did not tell them.

They are also claiming I took some money but have not presented to me any evidence.

My question is that whilst I am happy to dispute the claim of theft will I still be in trouble if they report the non-disclosure to the police? They have said if I pay them 50% of what they claimed is stolen they would consider the matter closed.

Would such an arrangement be legally binding on them?
Submitted: 4 years ago.
Category: Employment Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know how long you have worked there.

Customer:

I worked there from February to August 2012 and then to the end of October 2 or 3 days per week cash in hand.

Customer:

The offer to pay 50% expired on 31st of May and I, therefore, need to get back to them urgently...

Customer:

From February 2009 to August 2012

Ben Jones :

Thanks for your patience. Why would they report the non-disclosure to the police? Is this a regulatory requirement?

Customer:

That's what I am asking you. As an accountant should I have disclosed this information. Is it deception not to reveal it even if not asked. Are the police likely to prosecute?

Ben Jones :

ok i will need to check a couple of thing on this and get back to you shortly, thanks

Ben Jones :

There is no legal requirement on you to disclose a conviction to your employer. The employer would have been able to ask you directly about any convictions you have and if they did pose that question before employing you, whether verbally or in writing, such as in your application form, you would have been expected to answer it truthfully. In addition, they could have also conducted a criminal records check on you as further safeguard to ensure that you have told them is true.


 


However, if no questions were asked about your criminal record and as such you did not disclose anything about it, then the employer cannot accuse you of misleading them or lying to them. Even if you had, all they could have done is contemplate disciplinary action, however now that you are no longer their employee that is no longer an option.


 


Therefore, the police would not be inserted in the non disclosure as this is a civil matter, not a criminal one.


 


In terms of the agreement they are seeking with you, it can be legally binding from a civil point of view. In other words, if you formally agree to repay part of what they claim then they could be barred from pursuing you through the civil courts over this. However, they can still report this to the police, or even if the police find out somehow, it would then be in the hands of the police and the employer would not be able to do much about it if it is taken further by the authorities.

Ben Jones :

Has this answered your query?

Customer:

Thanks for your answer. In terms of the evidence they claimed to have re the stolen money, I assume I am entitled to ask to see the evidence. Could they take me to court without ever showing me evidence?

Customer:

I assume the Police would want to see some concrete evidence before pursuing it as a criminal matter?

Ben Jones :

if there is any evidence then they would need to disclose that if they go to court. A court would not be satisfied that there is a valid claim against you if no evidence to back that up is provided. So that is when any evidence would become clear. The police can carry out their own investigation if necessary to obtain evidence before they pursue this further

Customer:

but the police would have to believe that an offence has been committed before investigating, or can anyone say " I think.... took some money from me" and they will pursue it on that alone

Ben Jones :

anyone can make an allegation but the police are likely to ask for some evidence before they pursue it, or of they believe that the allegations carry weight they can make their own investigation before deciding whether to continue any further

Customer:

ok that's great, thanks for your help Ben

Ben Jones :

My pleasure. Please take a second to leave a positive rating for the service I have provided you with as that is an important part of our process. Thank you

Customer:

sure no problem,

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