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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47354
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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2 years ago i was disciplined at work for a police caution!

Resolved Question:

2 years ago i was disciplined at work for a police caution! in my employers policies it states that we only have to declare criminal convictions I believe a caution is not a conviction! I was also classed as disabled under the mental health act! by a psychiatrist and was diagnosed with severe depression and post traumatic stress ( from mainly work events!)
I was given a final written warning, was this legal?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today.

Ben Jones :

Were you issued with the final written warning because you did not inform your employers of the caution?

Customer:

No they where informed, the final warning was for gross misconduct because of the caution!

Ben Jones :

OK, thank you, ***** ***** this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you

Ben Jones :

Many thanks for your patience. You are correct that a caution is not a criminal conviction and if the employer only required that you disclose criminal convictions then a caution would not have had to be disclosed. However, if this happened 2 years ago then it is something which should have been challenged at the time. Waiting such a long time to raise it with the employer or to try and appeal it would almost certainly make you too late to do anything about it now. Also this should no longer be on your file or be used in any future disciplinary action against you – written warnings, including a final one should all have an expiry date where they are no longer considered valid as long as you have not been disciplined in the meantime. Usually it would be 6-12 months although sometimes it could be as long as 2 years but only for more serious offences, which this is not really.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

unfortunately at the time , I was not really in a good place mentally to do anything about it , it had become another problem on top of the many i had at the time so i just pushed it to oneside!

Customer:

thanks for your help .

Ben Jones :

yes sadly you would be expected to appeal such warnings within the specified time, usually several days after they are issued

Ben Jones :

You are welcome

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