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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a police caution which was spent immediately do i Ineed

Customer Question

I have a police caution which was spent immediately do i Ineed to disclose if my employee handbook says "conviction of an criminal offence or behaviour (e.g. theft) which makes the individual unsuitable for his/her type of work or unacceptable to other employees
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

No - a caution is NOT a conviction

Alex Watts :

Can I clarify anything for you?

JACUSTOMER-nlnh86h4- :

if i have a caution does the following apply

‘Financial Services Authority
JACUSTOMER-nlnh86h4- :

actions constituting a criminal offence

Alex Watts :

Its not an offence

Alex Watts :

You therefore don't have to declare it

Alex Watts :

A caution is like a warning

Alex Watts :

If in doubt - declare it

Alex Watts :

But they become spent STRAIGHT AWAY

Alex Watts :

Therefore under the Rehabilitation of Offenders Act, you dont need to declare it

Alex Watts :

Does that clarify?

JACUSTOMER-nlnh86h4- :

E/g of gross misconduct that, if proven will usually lead to summary dismissal include :

JACUSTOMER-nlnh86h4- :

actions constituting a criminal offence

Alex Watts :

Its covered by the Act as I have said so it is spent

JACUSTOMER-nlnh86h4- :

So a caution is just a warning not a criminal offence

Alex Watts :

Correct

Alex Watts :

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