Getting a conviction when employed

When employed committing a criminal offence leading to a criminal record could pose a challenge. However, there is ambiguity about whether it should be shared with one’s employer or not. In this blog we examine the necessity to share it with your employer and the kind of disciplinary one can expect.  

Not mentioned in the contract: If in the employment contract there is no mention of sharing such sensitive information with the employer, nevertheless it is still recommended to do so.  Being honest in all your dealings  with your employer is the easiest way to maintain a trustworthy relationship and will enhance the employer’s opinion about your moral standard and professionalism. 

Stated in the contract: If any such incident is to be reported as per the contract it is incumbent upon you to report to your employer about the criminal record without delay so as to avoid any serious consequence.  Not doing this will be a potential breach of contract that can lead to loss of employment and even in certain situations a conviction. Earning a criminal record can come with very serious consequences. An example is if your driver’s licence is cancelled as part of your criminal record but you continue to drive the vehicle of your employer (without bringing it to the knowledge of the employer) it could possibly lead to another criminal offence.  

It can lead to breach of employment contract by not disclosing the offence and additional criminal offences for driving without a licence.  

Possible employer reaction upon finding out: The employer has the prerogative to retain or dismiss an employee on the basis of a criminal record. Alternatively, if the employer is of the opinion that instead of dismissing the employee, taking disciplinary action to be a better option, they may opt for that instead. At the end of the day, it is up to the employer’s discretion as to what action they would want to take.  An employer will consider additional factors when deciding about the status of the employee. E.g., if the offence was committed while at work or during non-working hours to decide the course of action. If you do not inform your employer about the criminal record, it is extremely likely that they will come to know about it through an annual DBS check.    

Done a crime in working hours: If the crime occurs while on the job it would need to be minor to avoid any kind of disciplinary action. In most cases an incident that is deemed a crime will warrant some sort of disciplinary action.  The employer will then decide the course of action based upon the severity of crime committed and its impact on their business. 

During non-working hours: Those that happen during non-working hours can have more serious consequences than just disciplinary action. Subject to the type of crime, the employer will need to take into account the safety of their business and that of other employees as well the business reputation etc.  Any serious crime could result in being dismissed on the basis of not being safe or trustworthy to continue in your role. 

Are police allowed to share information with employers?  

 The police can share information with an employer in case of arresting or cautioning an individual for a crime. However, this is to be done only after they have used their professional discretion and think the individual might pose a risk of any sort to the company or business. The information is stored on the police database for a long time. If any employer in the future asks for an Enhanced DBS check this information would appear on it.  

What action should an employer take if their employee confesses to a crime? 

If as an employer you have an employee admitting to committing a crime and has consequently earned a criminal record, you will need to take disciplinary action in accordance with the gravity of the crime. When deciding on the course of action you need to consider its impact on the business and the other staff and can even prevent the offending employee from resuming work until you have adequate information to make an informed decision.