UK Employment Law
UK Employment Law Questions Answered by Verified Experts
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The employee would be required to disclose this conviction to the employer. The question is very specific and asks if the employee has 'ever' received a caution, not if they have a spent conviction, spent caution, etc. Also the ROA does not apply to cautions, they are not dealt with in there, it only applies to formal criminal convictions.
As to what actions the employer can take, it really depends on the nature of the offence, how it affects their employment, etc. Dismissals should not automatically follow, especially for something as a caution, it really has to be something more serious for any formal action to be taken.
It was in relation to drunkeness and wouldn't think it would affect role or even FSA-approved person status given the nature -- correct me if I'm wrong?Would the employee have been required to disclose it prior to the question being asked?
I agree, they would be more interested in fraud, theft, etc. It would only need to have been disclosed if there was a contractual or other policy requirement with the specific job to disclose such matters
Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?
and what about in relation to disclosure to the FSA itself?
hi sorry the resource I need to check for this is down so will have to try again in the morning and will get back to you
Hello, thanks for your patience. There is no duty on you to personally disclose this to the FSA. It is a matter for the employer to have adequate notification rules in their contract and for them to then advise the FSA if they know of any information relevant to you that needs to be declared to the FSA
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