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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45392
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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i am currently employed as a pcso in the west midlands police

Resolved Question:

i am currently employed as a pcso in the west midlands police and have recently received a negative court result which effectively left me with a dishonesty conviction. whilst i have never been in trouble before and had no conviction against me prior to joining the job, i am worried how this will affect me now. i don't want to get into any further trouble and need to know if i need to disclose this matter now and if so who do i speak too. more importantly, will this lead to me immediately losing my job?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. can you tell me how long you have worked there please

Customer:

i have worked for west midlands police for 41/2 years

Ben Jones :

Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.

Customer:

thank you so much for your help and advice

Ben Jones :

Hi, sorry just need to clarify something else, have you seen any conditions in your contract or workplace policies that may need you to disclose any convictions to your employer? Also you say this was a dishonesty conviction - what exactly was the charge?

Customer:

i don't have my contract at had but assume that as i am a peso that i would need to disclose but not sure. the dishonesty charge is related to benefit overpayment and not updating DWP at the time that i was being employed by west mids. this i know was a stupid thing to omit, no matter what my reasons were. because of this it was decided that there was an element of fraud not from the start but once i had an review which amounted to not saying that i had a change in my circumstances.

Customer:

please also note that from the moment i was informed that there was an overpayment i have made immediate arrangements to repay and co-operated with all other requests. so this was not questioned

Ben Jones :

Yes, due to the nature of your job I would certainly expect there to be a clause or policy that would require you to update your employer about any convictions or criminal record. How you need to go about this and who you have to tell would depend on the internal policies that deal with this so you must check what the required steps are. If there is nothing in the policies that state this, it would generally be the person to whom you report and they can either deal with it or advise you on whom you need to contact. But the first step is to check what, if any, specific requirements there are for updating your employer about this.


 


As to our job and whether it would be affected by this conviction, as you are protected against unfair dismissal the employer would need to show there was a potentially fair reason for dismissal before they can go ahead and terminate your employment.


 


The issue here is the nature of the conviction, which is one of dishonesty and considering the job that you do, the employer may see this as a factor that could mean your continuous employment in a position of trust is impossible. A record for fraud, theft, dishonesty, etc could mean that the employer does not believe you can carry out a job that places you in such a high level of trust and they could consider that this affects your ability to carry out the job.


 


Of course, it is not as simple as that and they still need to investigate the nature of the allegations against you, the reasons behind why you were convicted and if there were any mitigating circumstances. A straight dismissal without any investigation is unlikely to be fair so you can expect them to at least go through this procedure to determine the background to this conviction and also give you an opportunity to present any mitigating factors or explain what led to the conviction.

Customer:

i have had a change of supervisor recently and not really sure how to bring up this matter. if i cannot speak to my supervisor pre sa then who or what department should i go to for advice or to report to within my force. i am frightened! everything that i have seen or heard sofa is related to convictions at the point of the application stage and nothing about if you are currently employed. please can you suggest.

Customer:

i made a big mistake and i just want to continue to put things right! for me losing my job will mean me possibly losing my home and even my children as i am a lone parent and only child with very little family i can turn to for support

Ben Jones :

I cannot tell you who to speak to specifically because this would vary from one workplace to another and it is the employer's internal procedures that create the rules. Your direct line report is your first port of call, regardless if they were recently appointed or not, or if there is an HR department they could also be an appropriate port of call

Customer:

thank you for your advice it is appreciated

Ben Jones :

you are most welcome, and of course be honest and remorseful about what happened and try to explain as best as you can the situation and how this was not intentional but an error of judgement on your part and try to mitigate the issues as best as possible

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45392
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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