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

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21 Nov 2016
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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?
 
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.
 
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