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Alice H
Alice H, Solicitor Advocate
Category: Employment Law
Satisfied Customers: 2850
Experience:  Partner in national law firm with 20+ years legal experience
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Hello, A few years ago I was cautioned for possession of

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A few years ago I was cautioned for possession of a class A substance. However, the drugs were not mine, but were found in a jacket I was wearing which I had borrowed off a friend . I am in the armed forces and have recently completed a security clearance check, as I am at my 10 year point. As part of the check I was asked to disclose all information on any criminal convictions, formal cautions etc. I did not disclose information about the caution, as it was explained to me as a simple caution, one which I didn't think would show up on a database check. It did show up, and I am now worrying where I stand. Could you offer any advive?
Alex H : My name is***** and I'm happy to help with your question today.
Alex H : Was the caution imposed whilst you were employed in the armed services?


Alex H : Good morning. The non-disclosure of the caution could amount to misconduct especially as the offence occurred whilst you were in their employment. However this appears to be an incident that occurred some time ago and most importantly the caution is spent. Under the Rehabilitation of Offenders Act 1974 an employer should not take spent convictions or cautions into account except in certain limited conditions. It is possible that your employer could take disciplinary action for non-disclosure but in my view the matter is not so serious that dismissal is warranted given the age of the matter and the minor nature of the incident.
Alex H : You may have to attend a disciplinary interview. My advice is that you should be open about your misunderstanding and make it clear that you were not trying to mislead. Hopefully with sufficient apology about the misunderstanding and your exemplary conduct to date your employer will deal with the matter by way of a warning rather than any other action.
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