Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
How long ago were you cautioned?
OK thank you, ***** ***** it with me. I am in court for the rest of today so will prepare my
advice in a while and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
Many thanks for your patience. A caution by itself will not automatically put your job in jeopardy. It is not a criminal conviction, it is one of the least serious ways to dispose of criminal issues. How it may impact your job depends on the nature of your job and the offence for which you were cautioned, together with the circumstances leading up to it.
What the FCA registered employer would be looking for is whether this is a serious offence which affects your ability to do your job and makes you unsuitable to hold such a position. Assault in general is not considered that serious, unless it was a listed offence such as assault against minors, sexual assaults, assault when resisting arrest etc. Yours would be on the lower scale of seriousness.
The issue if you do not accept the caution is that you will face prosecution and the outcome could be a lot worse where you get a formal conviction and a criminal record, rather than just a caution. So you will be taking a big risk if you proceed to prosecution instead of just walking away with a caution.
This is your basic legal position. I have more detailed advice for you in terms of the other rights you have based on your length of service, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you
the issues are unfortunately crossing over from employment law to criminal law, which I cannot help with as you need a criminal lawyer for that. So I would be happy to continue assisting with the employment side but if you need advice on criminal matters then you will need to post as a new question. Do you have any further questions in respect of the employment side?
As mentioned this was only your basic legal position and I have more detailed advice for you in terms of the other rights you have based on your length of service, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Hello, I see you have read my response to your query. If this has answered your question from an employment perspective please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
Yes they can if they really wanted to. After all formal action can be taken on grounds of capability, if you are deemed incapable of doing your job, be it due to performance or other factors such as a criminal record so they can investigate this if they thought it was necessary
Hi there, my apologies for this oversight and not discussing this earlier – also thanks for the reminder. Basically, if an employee has been continuously employed with their employer for at least 2 years they will be protected against unfair dismissal. This means that to fairly dismiss them their employer has to show that there was a potentially fair reason for dismissal and that a fair dismissal procedure was followed.
According to the Employment Rights Act 1996 there are five separate reasons that an employer could use to show that a dismissal was fair: conduct, capability, redundancy, illegality or some other substantial reason (SOSR). The employer will not only need to show that the dismissal was for one of those reasons, but also justify that it was appropriate and reasonable to use in the circumstances. In addition, they need to ensure that a fair dismissal procedure was followed and this would depend on which of the above reasons they used to dismiss.
In terms of criminal convictions or cautions, a dismissal should only be considered if the nature of the offence is serious enough to mean that the employee cannot be employed in that job any more. For example a teacher convicted of sexual offences against children, a banker convicted of fraud and so on. A caution is not even a formal conviction so really it should not result in dismissal of someone with 5 years service.