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Common assault charge - will DB's employers be informed

24 replies

GooseGoldenEgg · 22/12/2024 17:51

My brother has been charged with common assault and will likely be convicted . He believes he acted in self defence as a retaliation but that's besides the point.

Will his employer be informed of this conviction if it happens? Obviously this is assuming the sentencing won't be custodial.

OP posts:
ueberlin2030 · 22/12/2024 17:52

Off the top of my head, it might depend on what his job is.

UndeniablyGenX · 22/12/2024 17:53

He needs to check his employer's policies - it's common to have a clause that you must notify your employer if you are charged by the police.

Mrsttcno1 · 22/12/2024 17:55

UndeniablyGenX · 22/12/2024 17:53

He needs to check his employer's policies - it's common to have a clause that you must notify your employer if you are charged by the police.

Yeah this. In mine & husband’s work we would have to inform employer.

OnlyMothersInTheBuilding · 22/12/2024 17:56

No one will inform his employers. The onus is on the convicted person to do this.

Does he need a DBS for his job? If so it will almost certainly be in his contract that he has to declare new convictions. If not, this clause may still be there but it's less likely.

RegulatorsMountUp · 22/12/2024 17:56

No one will know really it completely depends on his industry/job role/company policy.

Fabulouslyunfabulous · 22/12/2024 17:57

OnlyMothersInTheBuilding · 22/12/2024 17:56

No one will inform his employers. The onus is on the convicted person to do this.

Does he need a DBS for his job? If so it will almost certainly be in his contract that he has to declare new convictions. If not, this clause may still be there but it's less likely.

This

UndeniablyGenX · 22/12/2024 18:01

RegulatorsMountUp · 22/12/2024 17:56

No one will know really it completely depends on his industry/job role/company policy.

"No one will know" is optimistic. If it goes to court the proceedings will be in the public domain and may be reported locally if the case is thought interesting. He'd have to explain time off for any proceedings. What if he is found guilty and given community service?

He needs to check their policy. He will be in more trouble if he should have told them, didn't and is found out than he will if he at least follows the proper process.

MrsTerryPratchett · 22/12/2024 18:02

OnlyMothersInTheBuilding · 22/12/2024 17:56

No one will inform his employers. The onus is on the convicted person to do this.

Does he need a DBS for his job? If so it will almost certainly be in his contract that he has to declare new convictions. If not, this clause may still be there but it's less likely.

This. I would need to immediately inform. Not disclosing is the kind of thing that leads to very swift termination.

RegulatorsMountUp · 22/12/2024 18:03

UndeniablyGenX · 22/12/2024 18:01

"No one will know" is optimistic. If it goes to court the proceedings will be in the public domain and may be reported locally if the case is thought interesting. He'd have to explain time off for any proceedings. What if he is found guilty and given community service?

He needs to check their policy. He will be in more trouble if he should have told them, didn't and is found out than he will if he at least follows the proper process.

No one will know the answer to the OP question is what I meant.

UndeniablyGenX · 22/12/2024 18:04

RegulatorsMountUp · 22/12/2024 18:03

No one will know the answer to the OP question is what I meant.

Sorry, I misunderstood your post.

Tubetrain · 22/12/2024 18:04

Depends. Is he a dr, teacher etc?

RegulatorsMountUp · 22/12/2024 18:05

UndeniablyGenX · 22/12/2024 18:04

Sorry, I misunderstood your post.

Thats ok It doesn't read as I meant it and I can't edit it. Has MNHQ removed the edit function?

biscuitsandbooks · 22/12/2024 18:08

Most companies will have it in your contract that you need to tell them if you're arrested or charged with anything.

It's also worth remembering that court cases are often in newspapers and online - if he doesn't say anything, they'll likely find out anyway.

UndeniablyGenX · 22/12/2024 18:11

RegulatorsMountUp · 22/12/2024 18:05

Thats ok It doesn't read as I meant it and I can't edit it. Has MNHQ removed the edit function?

It's still there but it only stays open for a couple of minutes, I think, so you might be too late.

MathiasBroucek · 22/12/2024 18:11

He should explain to his employer.

One of my team had something a bit like this. We discussed it with HR and his career has been unaffected

NeverDropYourMooncup · 22/12/2024 19:00

Another drunk bloke in a pub or his wife/girlfriend/ex/child?

ttcat37 · 22/12/2024 19:01

It depends what his occupation is. Even if it’s not notifiable, he may have a clause in his contract to say he has to disclose all cautions/ convictions.

GooseGoldenEgg · 22/12/2024 19:08

It was in the middle of the day no alcohol involved he retaliated to someone assaulting him, a stranger (male). CCTV shows this but they're both being prosecuted as it was in public.

OP posts:
Goody2ShoesAndTheFilthyBeast · 22/12/2024 19:11

What is his job?

BananaSpanner · 22/12/2024 19:17

If he is in a notifiable occupation, they will likely be informed. That is why people are asking what he does for a living.

Purplecatshopaholic · 22/12/2024 19:19

UndeniablyGenX · 22/12/2024 17:53

He needs to check his employer's policies - it's common to have a clause that you must notify your employer if you are charged by the police.

Yes, he needs to check this. If he doesn’t tell them and he should have done, and they find out another way, that in itself is likely to be a disciplinary offence. Depending on what he does the offence itself could also be risky for his job, yes.

shuffleofftobuffalo · 22/12/2024 19:23

Many employers (mine included) have a contract clause saying you have to inform them if you're arrested and if you're convicted.

If you don't it's gross misconduct, but if you do the fact of being arrested/convicted doesn't necessarily mean you might lose your job - depends on the crime and your role (eg if it's a driving offence and you don't need to drive for work probably fine, if you're the head of finance and it's a final crime bye bye).

At my last job we seemed to have an unusually high number of people who got arrested - we always found out one way or the other because colleagues or the general public would let us know if the person didn't themselves. In one case the court let us know because of the conduct of the staff member on the hearing day, even though he has acquitted.

GooseGoldenEgg · 22/12/2024 19:24

He's not in a notifiable profession.

OP posts:
BananaSpanner · 22/12/2024 19:30

GooseGoldenEgg · 22/12/2024 19:24

He's not in a notifiable profession.

Well then it depends whether he or someone else tells them. Ultimately it’s a matter of public record so they could find out but more likely not to if nobody at his work place already knows about it.

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