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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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There my husband has received a banking job offer

Resolved Question:

Hi there my husband has received a banking job offer for quite a senior position. He made a silly mistake and has received a police caution 3 months ago. The paperwork has come through where they will be doing a standard CRB check which I understand will show up. We are really worried as we are scared this is going to effect his offer or worse decline the offer. Also we are in talks with lawyers as we believe the caution was unfairly given as my husband didn't realise the effect it would have to his future employability. Can you please give me advice to what we should do and what to expect from HR in the banking sector.
Thank you
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Has he been asked to declare that caution? Also what is the caution for?
Customer: replied 2 years ago.
The caution is for common assault - we had a heated discussion that got out of hand on both sides. He will be asked to declare it as he is a regulated person by the Financial conduct authority.
Expert:  Ben Jones replied 2 years ago.
Hello, it is indeed correct that the caution will show up on the criminal record check and he would also have to declare it. That does not automatically mean that he would be ineligible for the job in question. The employer could still decide that they do not want to employ him because of this and it is their prerogative, however it is impossible to predict whether this will be an issue for them. Every employer is different and they will take different factors in consideration – what is an issue for one employer would not necessarily be one for another.
There are some positives to his situation – this is only a caution, it is not a formal conviction and it is less serious. The offence was for common assault and not for something which could make him unsuitable for the job, such as theft, dishonesty, fraud, etc. Also I assume that this is his only offence on record so it could be seen as a one off incident and not affect his reputation.
He could potentially expect to be asked further details on the incident or related matters so that the employer could establish whether he is a risk. There is no guarantee that would happen though and it is for the employer to decide if that is necessary.
So at this stage there is not much you can do apart from to proceed with the employment process and provide the relevant information when asked. Do not hide anything and be completely honest. If he is asked about this then he should express remorse at the incident and that it was obviously a one off and that it was unexpected and out of character that he found himself in such a situation. The rest will become evident with time, you cannot predict the outcome and it is for the employer to decide on how to proceed.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.
Thank you
One additional question. Does this caution need to disclosed (proactively) to the Financial Conduct Authority?
Expert:  Ben Jones replied 2 years ago.
This is a regulatory issue I'm afraid, not a legal one - he will need to check with the FCA's rules under which he is regulated - the best thing may be to contact the FCA directly and ask them of his obligations in these circumstances
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