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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48488
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am a career banker with 40 years service (24 years in The

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i am a career banker with 40 years service (24 years in The UK and 16 years in Africa) I was fully acquitted on appeal in 2006 of a serious fraud allegation in another country in Africa and then returned to work in The UK. Since 2006 I have worked for various banks and have absolutely no criminal record in any country. If my current employer finds out about this spent acquittal can i be disciplined
Submitted: 2 months ago.
Category: Law
Expert:  Ben Jones replied 2 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 2 months ago.

How long have you worked there for and were you required to disclose this before joining them?

Customer: replied 2 months ago.
for 2 half years i can't recall being ever asked verbally or in writing to disclose this but it might be buried in a staff handbook
Expert:  Ben Jones replied 2 months ago.

You can only realistically be disciplined if you had done something wrong in the first place. Having an acquittal in itself is not any type of wrongdoing - to the contrary you have been formally cleared by a court of law of any wrongdoing. So that alone will not be sufficient grounds to take disciplinary action.

In these circumstances the employer could only potentially do this if they can show that you did nothing else wrong, relating to this. For example, if you were specifically asked to disclose this on joining, but failed to do so. That would amount to misconduct for failing to make a relevant disclosure as per the terms of joining and you could be disciplined for it. But there must have been a formal obligation on you to make such a disclosure - if there was not such a requirement, then again you would not have done anything wrong.

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