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Ask taratill Your Own Question
taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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Hello I was falsely accused of a serious offence

Customer Question

Hello
I was falsely accused of a serious sexual offence less than fours ears ago. Thankfully police found that CCTV proved the these allegations were false. I was however asked to voluntarily attend a police interview. I was never arrested, but I was read my rights (I think so anyway). I have now been appointed to a temporary post with my current employer which requires an Enhanced Accessni background check, will any of this history appear on my record?
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today.

taratill :

From what you are saying I do not think you were issued a caution, is this correct?

Customer:

Hello Jenny and thank you for your help, I think I was given an informal caution, i.e. read my rights, i do not have to say anything etc.

taratill :

Can you tell me whether this is a new employer or an existing employer?

Customer:

This is am existing employer, but a very different post, covering maternity

taratill :

Ok why does it require enhanced disclosure, will you be working with children or vulnerable adults?

Customer:

I work in higher Education, my current role has very little face to face contact, but the new role has the potential to work wih vunerable adults and under 18s

taratill :

Ok many thanks for the information. In enhanced disclosure information about all conviction and non conviction information will be disclosed. This includes any cautions, this means it is likely this will appear on an enhanced disclosure.

Customer:

even an informal caution?

taratill :

As this is an existing employer you are in a slightly better position as presumably they know you and have a level of trust. I would suggest you tell them that this may come up so that they are aware of it.

Customer:

I thought to receive a cautio you had to admit the offence?

taratill :

An informal caution, which is not the same as a caution would potentially also show up as the police can give any non conviction information that they feel is necessary or relevant such as a reprimand.

taratill :

It does not seem that you were given a formal caution, you would know about it if you were.

Customer:

I understand, I was not reprimanded in any way, just asked to give an account of events

taratill :

https://www.gov.uk/disclosure-and-barring-service-criminal-record-checks-referrals-and-complaints This link gives information about the position with regards ***** ***** fact that police can give any details contained in their records so long as they may be perceived to be relevant.

taratill :

The truth is that if there is a record of this then it is likely it will be disclosed.

taratill :

That being the case it may be best to forewarn the employer or be ready to face questions if it does arise.

taratill :

If you would like any further information about this then please do let me know.

taratill :

If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer:

Ok Jenny thank you, ***** ***** so very worried about this, I was completely innocent and just based on someones accusation I have been left with this black mark, I have managed to keep this completely private until now and did not want it being dragged out to my colleagues

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