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What to Do If You've Been Arrested: Understanding Your Rights and Employer's Response

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What to Do If You’ve Been Arrested: Understanding Your Rights and Employer’s Response

Being arrested for a crime outside of work can be a stressful and uncertain experience, particularly when it comes to your job. Understanding what your employer might do and how you should approach the situation is crucial for protecting your employment rights and making informed decisions.

Immediate Steps After Your Arrest

  1. Stay Calm and Know Your Rights

    • You have the right to remain silent and the right to legal representation. Do not discuss your case with anyone at work until you have spoken with a lawyer.
    • Be aware that an arrest is not a conviction. Your employer cannot assume guilt without proper legal proceedings.

  2. Determine If You Need to Inform Your Employer

    • Check your employment contract or company policies to see if you are required to report an arrest.
    • If your arrest directly affects your job (e.g., if you need security clearance, work with vulnerable individuals, or hold a driving position), you may need to disclose it sooner rather than later.
    • If in doubt, seek legal advice before informing your employer.

How Your Employer Might Respond

  1. Gathering Information

    • Your employer may attempt to verify the facts of your arrest through reliable sources, such as police reports or direct communication with you.
    • They will assess the severity of the alleged offence and whether it impacts your role or the company’s reputation.

  2. Assessing the Impact on Your Employment

    • If your arrest is unrelated to your work, your employer may take no immediate action.
    • If the nature of the charge affects your ability to perform your duties (e.g., a financial crime for an accountant, a driving offence for a delivery driver), your employer may need to take action.
    • Jobs in public-facing roles or those requiring trust may be at greater risk if the alleged crime damages the company’s reputation.

  3. Confidentiality Considerations

    • Employers must handle the situation with discretion and cannot disclose details unnecessarily.
    • Internal discussions should be limited to those who need to know.

Possible Employer Actions and How to Respond

  1. Cooperation with the Police

    • Your employer may be contacted by investigators but must balance cooperation with respecting your rights.
    • They should inform you of any police enquiries regarding your case unless legally required to keep it confidential.

  2. Suspension or Temporary Changes to Your Role

    • If your arrest raises concerns about workplace safety or business operations, your employer may consider suspension with pay as a precautionary measure.
    • In some cases, they may reassign you to alternative duties rather than suspending you outright.
    • Suspension should not be seen as a punishment but as a means to protect both parties while investigations are ongoing.

  3. Internal Investigation and Disciplinary Actions

    • Employers may conduct their own investigation, independent of the police, to determine whether the situation impacts your employment.
    • If you are charged, they may initiate disciplinary proceedings, considering factors such as:
      • The severity of the allegations
      • The relevance of the alleged offence to your job
      • The impact on the business or workplace environment
    • You have the right to a fair disciplinary process, including the opportunity to present your side of the story.

What Happens If You Are Convicted?

  1. Disciplinary Hearings and Possible Dismissal

    • If convicted, your employer may hold a disciplinary hearing to determine the appropriate course of action.
    • They will consider whether dismissal is justified based on the impact of the conviction on your ability to work and the company’s interests.
    • A fair and proportionate response is required, meaning not all convictions automatically result in termination.

  2. Employment Law Protections

    • Employers must follow fair procedures, in line with the ACAS Code of Practice.
    • Dismissal must be based on reasonable belief rather than requiring proof beyond a reasonable doubt.
    • If dismissed unfairly, you may have grounds for an employment tribunal claim.

How to Protect Yourself and Your Job

  1. Seek Legal Advice Early

    • A legal expert can guide you on what to disclose to your employer and how to handle potential disciplinary actions.

  2. Maintain Open and Honest Communication

    • If required to disclose your arrest, be honest but concise. Offer only necessary details and avoid speculation.
    • Cooperate with internal investigations while ensuring your rights are protected.

  3. Understand Your Employment Rights

    • If you believe your employer is acting unfairly, consult an employment lawyer or union representative for guidance.
    • Be aware of unfair dismissal claims if your employer does not follow a fair process.

Conclusion

An arrest does not automatically mean job loss, but how you handle the situation can significantly impact your employment. By staying informed, communicating appropriately, and understanding your rights, you can navigate this challenging time while protecting your career and reputation.

If you would like to find out more about how MPR solicitors could assist your case or make a difference, please contact us 24/7 on 020 3824 8080 or email us at law@mprsolicitors.co.uk.

 

Our  Solicitors are available to provide confidential legal advice in video conference  or in person at a convenient time to you. Simply contact us to make an appointment for a Fixed Fee Initial Consultation.

 

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