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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73445
Experience:  Qualified Solicitor
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Need advise on whether I should let me employer know that I

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JA: Hello. How can I help?
Customer: Need advise on whether I should let me employer know that I am under investigation for Domestic abuse ABH allegations. I am SC cleared and have received an email from my company's vetting team clearing me for a new role in the company but at the same time asking me to report any change in circumstances.
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: no
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: employee
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no that's it
Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

How long have you worked for this employer and what is the nature of the work you will be doing in the new role?

Customer: replied 12 days ago.
thanks Ben, It's been almost 9 years now and I work in IT , we have UK government departments as our clients so that's why my company had got me SC cleared which is valid till 2025 at the moment .Some clients need SC clearance while some BPSS only
Customer: replied 12 days ago.
This new account/project that I am going to be joining requires SC clearance which I am at the moment but not sure about impact of arrest/released under investigation.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. Whether you tell the employer will very much depend on the internal policies or any conditions under the SC which require you to declare that.

First of all, you need to check these to see if there is a specific requirement for you to report anything like that, even if it is just an investigation.

If there s nothing that specific mentioned, then you need to consider what the original application would have considered and if you would have had to declare any such details to them if you were applying for the SC from scratch. If so, then that would be something they should know about now as it would be a change to your circumstances, when compared to the position you were in when the original SC was granted and that would have been a relevant factor taken into account at the time.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 12 days ago.
Hi Ben thanks for that, few follow up questions if you can kindly advise on
1) What are the consequences If i don't update my company , Is the worst case scenario - Dismissal or could it be anything criminal or anything else ? ( I have read that one needs to be honest in whatever the change in circumstances are so I am definitely going to mention it when applying for new SC either in case of change of company or renewing existing.)
2) I was thinking of updating these change in circumstances via gov. uk online portal rather than my company for obvious reasons to protect myself so that worst case scenario my company is told that my SC is withdrawn etc rather than me telling my company about arrest/investigation which I am reluctant. Do you think this is better as long as I am updating the relevant authority ?
3) The positive scenario I am thinking towards is hopefully not getting charged/convicted and carrying on till I hear positive news and when It comes to applying again for SC then definitely mentioning the arrest and all that happened.

Hi sorry I have only just seen this, it may have been a technical issue that hid it from my list.

To answer your queries:

Failing to update them will not be a criminal matter but the SC can be withdrawn and you could be barred from obtaining future SCs, either for a period of time or indefinitely. That could also lead to dismissal for dishonesty and/or failure to hold the SC needed for the job

There is no right or wrong answer to that as it depends on the employer and also your personal feelings over that matter

That would be the best outcome as even though you may have to mention it, the positive outcome should mean you are not presumed guilty of anything and it should not affect your SC

Ben Jones and other Law Specialists are ready to help you
Customer: replied 7 days ago.
Thanks a lot Ben for your advice. Much appreciated !

You are most welcome. If you have any further questions about this then please do not hesitate to get back to me and I will be glad to help. All the best