Professional Discipline

Frequently Asked Questions

Will my employer be notified that I have been arrested?

This depends on your profession and whether the police feel they have a safeguarding duty to protect the public or a particular group of the public. Sexual or violent offences are often reported to an employer where a person works within a regulated industry or in a position of trust.

If we act quickly and the police notify us of their intention to inform your employer we will assess whether there is any way we can prevent this. If so, we will present strong representations against the information being shared.

What Will My Employer Do? 

Although each professional body will have their own procedures in place when initiating proceedings, all will follow a similar initial approach to their investigation. Following receipt of information that a member of their professional body has been arrested, charged or convicted the regulator will collate all relevant information such as, any statements, records or expert evidence. They will also likely write to the professional setting out their next steps and processes, they may also ask the professional to attend a meeting, or interview with them. It is at these meetings we would strongly advise any person in this position seeks legal advice, and where possible takes a lawyer to the meeting with them.

What you say and do in this meeting can impact upon a criminal investigation and therefore it is important that you understand the potential consequences  providing information or not providing information can have. These meetings will be recorded whether this be audio recording or by a person taking notes during the meeting and these notes can be disclosed to assist the criminal investigation.

Having a criminal lawyer involved at this stage to provide advice on how to conduct yourself when answering to your regulatory body, and their investigation of any alleged criminal misconduct can be a huge benefit to both investigations.

How Eventum Legal Can Help You?

We are not employment lawyers, and therefore we cannot advise on employment issues. However, our criminal defence lawyers have dealt with many cases whereby a suspect has unknowingly assisted a police investigation by what they have said to their employers during professional disciplinary investigations.

The best way to ensure criminal investigations are not adversely affected, is to instruct criminal lawyers to attend disciplinary interviews with you, and liaise with your professional body and employment solicitor regarding any queries they have relating to the criminal investigation. The benefit of this to you is that your legal interests are protected in both the criminal proceedings and employment proceedings, ensuring that you have a degree of control over the next steps taken by the investigatory bodies after interview.

To discuss this with one of our lawyers  via our online enquiry form or by calling 0161 706 0602.

With EventumLegal, you gain more than just legal representation; you gain a partner who is committed to protecting your rights, your reputation and your future.