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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: UK Employment Law
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Experience:  solicitor
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what is the best course of action if you have been charged

Resolved Question:

what is the best course of action if you have been charged with gross miconduct for non disclosure of convictions.?
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  UKSolicitorJA replied 1 year ago.
Hello,

The person should come clean and explain why the convictions were not disclosed, perhaps it was not intentional.

The employer may be sympathetic if the non disclosure was not intentional.

Otherwise I am afraid if the non disclosure was intentional, then the person should go through the employer's disciplinary procedure which could lead to dismissal.

Hope this helps-please leave feedback
Customer: replied 1 year ago.
It has already gone to a disciplinary hearing, he was worried how the new boss would respond.. Think he should be honest and be contrite.. He has been charged and found guilty of an assault charge. But on the hearing letter there is reference to an earlier incident for which no charges were brought.. Surely this cannot be considered as part of the process..?
Expert:  UKSolicitorJA replied 1 year ago.
If no charges were brought that is not a conviction so need to be disclosed and he should say that it should not be considered as part of the process.

He should be honest and apologetic about not disclosing the conviction.

Hope this helps . Please leave feedback
UKSolicitorJA, Solicitor
Satisfied Customers: 3533
Experience: solicitor
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