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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 9350
Experience:  28 years as a practising solicitor.
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At the end of May this year I was dismissed from my employment

Resolved Question:

At the end of May this year I was dismissed from my employment for gross misconduct - not just on one account, but three! Long story short, my employers did everything to delay my appeal but eventually heard it after almost 3 months. Following my appeal, every charge against me was found not guilty and I was re-instated with immediate effect. I have not started back yet because firstly I had to attend a Back to Work interview and then it was advised that perhaps I should take 2 weeks holidays and start a phased-in back to work mid October.

My dismissal at the time hit me very hard, particularly because I knew (and was subsequently vindicated) that the charges against me were ridiculous. I had over 3 years exemplary service. I was very stressed and drank more than I should have. One morning I awoke to find Police in my house seizing my TV because a neighbour had compplained about the noise. I was a silly boy (drunk boy) and stood in the way of the police and gave a wrong date of birth.

I was subsequently charged, went to court, my solicitor pleaded guilty on my behalf, explained the stress etc and that I had got my job back. I was given a deferred sentance for 6 months for good behaviour.

I have NO previous convictions, or have ever been in trouble before.

My work manager for the company I am employed with (which are a national company) obviously read the local paper which covered the court appearance and within 1 working day of the paper being published I received a letter suspending me from work. The manager informed me that she had been "informed" that I had been charged and convicted of a criminal offence. I was told I have to provide a statement in person in 2 weeks time at their Head Office. Two weeks to the day I am supposed to start back at work.

So my question is, under Scots Law, have I actually been convicted of a criminal offence as my work says I have (even though they are only reading what the local paper has stated)? Is a deferred sentence a crimial offence, or does it only become a criminal offence if I breach my good behaviour condition? And does a deferred sentance or the original charge stay on my record if I am on good behaviour for the time stated? Is my work correct in stating that I have been convicted?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.

You have been convicted of the crime following a guilty plea.

Do not confuse a conviction with the sentence or disposal. A deferred sentence is the actual sentence passed by the court but the conviction arising from your plea still appears on your record. So your work is correct to say that you have been convicted and have a criminal record.

I hope this helps. Please remember to leave a positive rating so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 9350
Experience: 28 years as a practising solicitor.
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