Arrested but not charged yet, when and what to tell employer

[J5eyes]

Hello so I'm hoping for some advice from anyone in HR. Last month I was arrested for aggravated burglary (had a disagreement with someone in a property that isn't mine) but I have not been charged yet, currently on bail.

I've done some research already and it seems that I am not obligated to tell my employer as there is nothing specific about being arrested, charged or convictions in my employment contract. When I started working there I had to provide a disclosure (used to be a CRB) which was clear, I don't know if they ever ask for updates with those.

The only thing in the contract relevant is this under a section Summary Termination:

The Company is entitled to terminate your employment by summary notice in writing if you have:

Committed any serious breach or repeated or continued (after warning) any material breach of your obligations hereunder;

Been guilty of conduct tending to bring yourself or the Company into disrepute;

Failed to perform your duties to a satisfactory standard after having received a written warning from the Company relating to the same;

Committed theft, Damaged Company property maliciously, Falsified records;

Consumed or distributed narcotics or alcoholic beverages on the Company premises;

Committed any criminal or civil acts prejudicial to the Company whether or not committed in the course of your employment;

Committed any other offence of a similar gravity to the examples above, as these examples are neither exclusive nor exhaustive.

It's a small company and there is no HR department, I think if I explained the circumstances of the offense to the boss he might understand, but as the contract is so vague I'm worried that I might simply be fired there and then. It takes a good 3 months to train people up for my job but I'm hardly business critical, they could hire someone else, I train them and then they get rid of me.

I would rather tell them what's happening before someone reads it in the paper or something, so perhaps I should tell them when I'm charged? What's the best course of action here?

 

[tom_e]

I wouldn't mention anything until/if they charge you.

 

[Maccy]

Interesting first post....

 

[nst68]

Surely the word here is committed.

You're innocent until found guilty, so you don't have to tell them even if you're charged.

A bloke where I used to work was found with loads of child prawn on his home computer, and admitted the offence at the time.
He didn't tell the company anything until it went to court and pleaded guilty, which was 6 months after the arrest

 

[Rroff]

As far as what you've posted from your contract there doesn't seem to be anything there that obliges you to inform the company of anything - most of those cover bringing the company into disrepute i.e. say if you were caught committing a criminal act while wearing a distinctive work uniform or events that occur while at work.

 

[Burnsy2023]

I wouldn't mention anything until/if they charge you.

I wouldn't do it even then, I'd until after conviction and even then it may not be relevant.

 

[peterwalkley]

Interesting first post....

Didn't captaindilbert start a very similar thread about a friend - which ended up getting deleted as nobody believed him.

If its a small company, chances are their contract is something standard they've grabbed off the internet or (hopefully) via a lawyer. Contracts are deliberately vague to allow for 'creative interpretation'.

Have you take legal advice on this ? Are you likely to be charged or is this some stupid argument that got out of hand and the police involved ?

What is the job ? Some will be far more sensitive to this than others.

 

[And]

If it appears in the paper it will only be 'a man is helping police with their enquiries' unless you are charged, at which point they can publish your name and further details.

Hello so I'm hoping for some advice from anyone in HR. Last month I was arrested for aggravated burglary (had a disagreement with someone in a property that isn't mine) but I have not been charged yet, currently on bail.

I've done some research already and it seems that I am not obligated to tell my employer as there is nothing specific about being arrested, charged or convictions in my employment contract. When I started working there I had to provide a disclosure (used to be a CRB) which was clear, I don't know if they ever ask for updates with those.

The only thing in the contract relevant is this under a section Summary Termination:


It's a small company and there is no HR department, I think if I explained the circumstances of the offense to the boss he might understand, but as the contract is so vague I'm worried that I might simply be fired there and then. It takes a good 3 months to train people up for my job but I'm hardly business critical, they could hire someone else, I train them and then they get rid of me.

I would rather tell them what's happening before someone reads it in the paper or something, so perhaps I should tell them when I'm charged? What's the best course of action here?

 

[J5eyes]

I will definitely be charged, I've admitted to everything. I don't want to go into too much detail about the incident but the CID people said it might change to some form of assault rather than aggravated burglary, however that might still stand and I could go to prison which would obviously be a problem for my employer.

People I've spoken to say it will be a fine and community service as I've had no previous offences but there is no guarantee of anything of course. From a selfish point of view I would want work to know as late as possible so that if they do sack me I'd have an income for a little longer.

My job is first line support for a small telecommunications company, I never see customers face-to-face, most are other businesses abroad but there are a few local firms that use us. There is a chance that someone would make the connection through an email I've sent which I suppose would look bad on the business. We don't deal with the public as such though.

 

[Richdog]

Why would you say anything to your company until you were formally charged?

And yeah, attacking someone in their own home isn't the smartest thing to do. Maybe you need some anger management courses.

 

[The_Abyss]

I am not obligated to tell my employer

I will definitely be charged, I've admitted to everything...

...There is a chance that someone would make the connection through an email I've sent which I suppose would look bad on the business.

It sounds like you've already told them but they just haven't 'listened' yet. Perhaps now is the time to start engaging.

 

[randomshenans]

I would mention nothing, to anyone. If you do, you're putting it out there and potentially tarring the reputation of the company, which would cause a breach of contract. If you just say nothing to anyone, even if/when charged, you should be fine I'd have thought. You don't *need* to tell them these things as a point.

 

[Energize]

Ouch, admitting things to the police is never a good idea. In the end cases may never get enough evidence to get to court if they don't have your confession and even if they do go to court you can still plead guilty for the full sentence discount at the arraignment.

 

[TJM]

Ouch, admitting things to the police is never a good idea.

A person of previous good character who is suspected of a not particularly serious offence and is bang to rights would be well advised to make full admissions. If you make no comment in interview, you won't be offered a caution and you'll end up with a conviction instead. Even if you are charged, being totally frank from the outset goes a long way to convincing a court that your behaviour was out of character and that a discharge could be appropriate.

 

[Energize]

Yes in that very particular set of circumstances you're correct.

 

[NexusK]

Ouch, admitting things to the police is never a good idea. In the end cases may never get enough evidence to get to court if they don't have your confession and even if they do go to court you can still plead guilty for the full sentence discount at the arraignment.

I'd be willing to bet that most normal law abiding people either go one of two ways when they do break the law. Either full on admit to everything answering every little question resulting in a cast iron case or start spouting nonsense they've seen on TV, feeling proud that they are 'knowledgable'

 

[Thumpsta]

Aggravated Burglary - I'm curious to what item you had with you to make it aggravated? Weapon, Firearm, Imitation Firearm or Explosive.

 

[Jamesyboyjim]

I wouldn't say anything! I'd even take sick / holiday to go to court, obviously if you go down you wont be able to work anyway but why throw your job away needlessly?

Unless you have a good relationship with your employer chances are they will just terminate your contract as soon as you tell them.

 

[randomshenans]

Aggravated Burglary - I'm curious to what item you had with you to make it aggravated? Weapon, Firearm, Imitation Firearm or Explosive.

Sharp wit.

 

[HazardO]

A bloke where I used to work was found with loads of child prawn on his home computer, and admitted the offence at the time.

Had anyone noticed anything fishy about him prior to this?