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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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Received a police caution - it was spent immediately. I have

Customer Question

Received a police caution - it was spent immediately. I have not disclosed this to my employer I work as an IT consultant in a bank and in the employee handbook it says this

Examples of mis-conduct that, if proven will usually lead to summary dismissal include:
actions constituting a criminal offence
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

What is your query please?
Customer: replied 2 years ago.

My query is what it says in the handbook


 


Examples of mis-conduct that, if proven will usually lead to summary dismissal include:
actions constituting a criminal offence

Expert:  UKSolicitorJA replied 2 years ago.
Thank you.

A caution is an admission of a criminal offence so technically, the employee would be liable to be summarily dismissed for the action which led to them receiving the caution, under the provisions of the handbook which you have set out.

Can I assist further?
Customer: replied 2 years ago.

So do I need to disclose this

Expert:  UKSolicitorJA replied 2 years ago.
Yes, if you are required to disclose it. The wording you have set out from the handbook does not say that you have to disclose it.

Perhaps there is some other wording in the handbook where you are required to disclose it or in some other policy of your employer.

Hope this clarifies
Customer: replied 2 years ago.

The handbook says


 


only report convictons or crminal charges immediately


 

Expert:  UKSolicitorJA replied 2 years ago.
A caution is not a conviction or a criminal charge, so you do not need to disclose it in that case.

All the best

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