Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
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
I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).