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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50174
Experience:  Qualified Solicitor
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I was arrested based of theft of emploiee and i was cautioned

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i was arrested based of theft of emploiee and i was cautioned by the police since it was my first arrest.i emailed my manger saying that i quit when the incedent occoured and i was put under suspension. i got a letter from the compnay to go to an displinery hearing would it affect my caution i was givin at the police station if i dont wish to attened the companys dispilinary hearing.??? as i see no obligation to go as i already quit.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Were you obliged to serve a notice period to quit and did you do so?
Customer: replied 2 years ago.

my company has 1 week notice period, however given the situation i though would be in an immidate affect. since iam under suspention.and i dont want to go back.i gave my notice today by email and had no reply from them and also said it when i was arrested my manager said its in my intrest to go to the displinaliry i dont see itis.

just wanted to know if it would affect my caution that was givin to me

Your caution would not be affected in any way by your decision on whether to go in for the disciplinary or not. These are two entirely separate things. The decision taken by the police is taken based on their own investigation and the evidence they have. Whether you go in for a disciplinary at a later date or decide not to do so, that would not affect your caution.
You cannot be forced to attend the hearing either. Technically you should have given the employer a week’s notice of your resignation but if you have not done so then even though you would have acted in breach of contract it is very rare for the employer to take this any further. They need to show that they have suffered losses as a result and even if they have they would be rather low and it would not be worth their time taking this any further. So in the circumstances the risks of not attending the hearing are relatively low.
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 for ur help. i gave my notice today i also stated it when i was arrested that i didnt want to come back. the company hasnt replied to my email or even called me.

also they got they stockloss repoert the other day. they might try blame me for it. as they have no evidence or cctv.

it is very unlikely that they will take this further for breach of contract, the main thing for them would have been to report you to the police if they thought you were guilty of theft, the disciplinary is an internal procedure - you cannot be forced to attend it neither will it affect the outcome of the police caution
If your original question has been answered I would be grateful if you could please quickly rate my answer - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Customer: replied 2 years ago.

thnak you very much

you are welcome, all the best
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