No one wants to be accused of a crime and face criminal investigation. If you’ve been arrested and released under investigation, there is obviously going to be a concern about how your life will be affected. For example, will your friends and family look at you differently and, most importantly, what will happen with your position at work?
If you’re concerned that a police investigation will affect your position at work, we’re here to take a closer look. Keep reading to find out more…
Do You Have to Inform Your Employer if You’re Under Criminal Investigation?
If you are involved in a criminal investigation, it is not always necessary for you to make it known to your employer. However, this depends on your job role and what is written in your contract. There are certain times where it is required for your employer to be made aware of your involvement in a criminal investigation. Examples of this include:
- It is written in your contract
- You work in a financial regulated sector
- You work with children or vulnerable adults
Can Police Disclose that You’re Under Criminal Investigation to Your Employer?
If you are arrested or charged with a crime, the police are allowed to inform your employer under ‘Common Law Police Disclosure’. This replaced the ‘Notifiable Occupations Scheme’ in 2015, and is only done where there is a danger to the public, so any risks can be mitigated.
Can You Lose Your Job Because of a Police Investigation?
Being involved in a police investigation that’s separate from your job shouldn’t automatically be treated as a reason to dismiss an employee, and The Acas Code of Practice on Discipline and Grievance Procedures indicates this. Therefore, it’s highly unlikely that you will lose your job, except for in certain circumstances where it makes you unsuitable for the role.
Employers legally do not need to wait until you have received an outcome before making the decision whether they wish to dismiss you or not. But, your employer will need to carry out their own investigation before they can do this. It’s very likely that at the same time they do their investigation that they will suspend you until they make a decision based on their findings.
How Can a Police Investigation Affect Your Job Position?
Separate from what your employer may do in response to learning that you have been investigated and/or charged for a crime, you may find that you’re singled out at work by other employees. Unfortunately, this could damage your reputation, especially if you manage other people. You may find that they feel unhappy to be working alongside you.
Examples of the job roles where an offence could lead to your dismissal include:
A Banking or Finance Role
Any role that you work in and is related to handling finances, either for the employer themselves or the business’ customers, is likely to consider dismissing you for their own safety if you have been accused of committing fraud or a related offence.
A Teaching Role
While most people could presume that teachers are not allowed to have any criminal offence on their record, you might be surprised to learn that this actually isn’t the case.
Working in a school means that you have to undergo a DBS check, which obviously will bring up a conviction. However, if you are already working in the school and have been accused of a crime, whether you will be allowed to continue working there will depend on two factors. These are the school and the type of crime you are being accused of.
It’s obvious that an accusation relating to children or vulnerable adults will be taken incredibly seriously. These will most likely lead to you being dismissed, even where criminal proceedings have not been completed.
Police Officer
If you are a police officer and have been accused of a crime, you’re likely in more of a sticky situation than the other parties we’ve spoken about. This is especially the case if it’s your employer who was responsible for your arrest and charged you with a crime.
The realistic thing that will happen here is that you are likely to be suspended. Whether you lose your job or not will depend on the trial and if you are found guilty or not guilty of the crime.
Police Investigations Can Impact Your Career
What we can conclude from this article is that, unfortunately, a police investigation can impact your general life, and especially your career. This is the case, even where you have not committed a crime and are not charged or are eventually found innocent of it.
Have you been involved with a criminal investigation that’s impacted your career? Let us know in the comment box below.
Please be advised that this article is for general informational purposes only, and should not be used as a substitute for advice from a trained employment law professional. Be sure to consult an employment law professional if you’re seeking advice about your employment during a criminal investigation. We are not liable for risks or issues associated with using or acting upon the information on this site.
