Can My Employer Find Out About a Sexual Offence Arrest?

Can Police Tell Your Employer About a Sexual Offence Arrest?

Police do not routinely notify every employer when someone is arrested for a sexual offence. However, they may disclose information where there is a legitimate public protection or safeguarding concern.

In certain circumstances, the police can share information with an employer or professional regulator under a process known as Common Law Police Disclosure. 

This allows relevant information to be shared where there is a pressing need to protect individuals or the public from harm.

When police may disclose an arrest to an employer

Whether disclosure is appropriate depends on the circumstances of the allegation and the nature of your work.

For example, if you are arrested over an allegation involving a child and your job involves regular contact with children, police may consider whether your employer needs to know to manage a potential safeguarding risk.

Similarly, an allegation involving a vulnerable adult may be relevant if you work in a care or healthcare setting.

Police must consider whether sharing the information is necessary and proportionate. They are not entitled to disclose every allegation simply because an arrest has taken place.

The purpose of disclosure is to address a relevant risk, not to punish you before any criminal proceedings have concluded.

Does being released without charge prevent disclosure?

Police disclosure is not always dependent on a criminal charge or conviction. If you are released under investigation or on bail, officers may still consider whether information should be shared for safeguarding reasons.

However, the fact that you are under investigation does not automatically justify disclosure. 

The decision should take account of the available information, the potential risk and whether disclosure is necessary.

If you believe police intend to notify your employer, a solicitor can advise on the circumstances and whether there are grounds to challenge the proposed disclosure.

Do You Have to Tell Your Employer You Have Been Arrested?

There is no general rule requiring everyone in England and Wales to tell their employer whenever they are arrested.

Whether you must disclose a sexual offence arrest depends on your employment contract, workplace policies, professional obligations and the nature of your role.

Some employers require staff to report arrests, criminal charges or investigations that could affect their suitability for work. 

Others may require disclosure only where an allegation relates to professional duties, safeguarding or the employer’s legitimate interests.

Check your employment contract and workplace policies

Your employment contract or staff handbook may contain a clause requiring you to notify your employer about criminal investigations. Read the wording carefully. 

A requirement to report a conviction is not necessarily the same as a requirement to report an arrest or allegation.

You should also check whether the policy applies to conduct outside work. If you are unsure whether disclosure is required, seek advice before making a statement to your employer.

Failing to comply with a valid contractual or professional reporting obligation could create a separate employment issue, even if the criminal investigation does not result in charges.

Disclosure requirements in regulated professions

Some professions have additional reporting and fitness-to-practise requirements.

These may apply to teachers, healthcare professionals, social workers and other people working in regulated or safeguarding-sensitive positions. 

Depending on the applicable professional rules, you may have to report an arrest, charge or investigation to your employer, regulator or both.

The requirements are not identical across professions.

You should check the rules governing your particular role rather than assume that the same disclosure obligation applies to everyone.

A solicitor can advise on the criminal investigation while helping you understand the potential professional consequences.

Will a Sexual Offence Arrest Appear on a DBS Check?

A sexual offence arrest does not automatically appear on every Disclosure and Barring Service (DBS) check. What your employer may see depends on the type of check legally available for your position. 

There are important differences between Basic, Standard and Enhanced DBS checks.

Basic DBS checks

A Basic DBS check shows unspent convictions and relevant unspent conditional cautions. An arrest that has not resulted in a conviction or caution will not ordinarily appear on a Basic DBS certificate.

This means an employer carrying out a Basic check would not normally discover an arrest through that check alone. 

However, the employer may still learn about the allegation through another lawful source.

Standard DBS checks

Standard DBS checks contain eligible criminal record information, including spent and unspent convictions and cautions that are not protected by filtering rules. 

They do not ordinarily disclose arrests or allegations that have not resulted in a conviction or caution.

Standard checks are only available for positions that meet the relevant legal eligibility requirements.

Enhanced DBS checks

An Enhanced DBS check can include relevant information held by local police forces, even where no criminal conviction has resulted. 

This may include information about an arrest or allegation if the police consider it relevant to the role and believe it ought to be disclosed.

For example, an unresolved sexual offence allegation may be considered relevant where the position involves safeguarding children.

However, an arrest is not automatically disclosed on an Enhanced DBS certificate. Police must assess the relevance and proportionality of including non-conviction information.

Enhanced checks are only available for eligible roles. Employers cannot lawfully request a higher-level DBS check simply because they want more information about an employee.

What if You Work With Children or Vulnerable Adults?

If you work with children or vulnerable adults, a sexual offence allegation may have more immediate employment consequences. 

This can apply to teachers, childcare workers, care staff, healthcare professionals and others whose duties involve safeguarding responsibilities.

Where an allegation raises a potential risk to people in your care, police or safeguarding authorities may share relevant information with your employer. 

Your employer may then need to assess whether you can safely continue carrying out your normal duties while the investigation continues.

Safeguarding measures during an investigation

Depending on the circumstances, your employer may consider temporary changes to your responsibilities, increased supervision, alternative duties or suspension.

These measures are not necessarily findings of guilt. They may be introduced to manage safeguarding concerns while the facts are investigated.

However, your employer should consider what action is necessary and whether a less restrictive measure would be suitable. 

Where professional regulatory or safeguarding reporting duties apply, further notifications may also be required.

You should obtain advice about both the criminal allegation and any separate employment or regulatory process.

Can Your Employer Suspend or Dismiss You After an Arrest?

An arrest does not automatically entitle your employer to dismiss you.

However, an employer may take action where the allegation has a genuine connection to your work, raises safeguarding concerns or affects your ability to carry out your duties.

The employer does not always have to wait for criminal proceedings to finish before conducting its own investigation. 

Can your employer suspend you while police investigate?

Your employer may consider suspension while investigating concerns connected with your role. However, suspension should not be automatic or treated as a disciplinary punishment.

The employer should consider the circumstances and whether other arrangements, such as temporary changes to duties, would be appropriate. 

The position concerning pay during suspension will depend on your contract and the applicable employment rules.

If you are suspended, you can ask your employer to explain the reasons, the arrangements that apply and when the decision will be reviewed.

Can you be dismissed without a criminal conviction?

Dismissal may be possible without a criminal conviction, but it must have a lawful basis and the employer must follow the applicable employment requirements.

An employer may consider whether the alleged conduct affects your suitability for the role, professional obligations, safeguarding responsibilities or workplace relationships. 

Where disciplinary action is being considered, the employer should investigate the relevant facts and follow a fair procedure.

An arrest alone should not be treated as proof that the alleged offence occurred.

Whether you can challenge a dismissal will depend on your employment status, length of service, the reason for dismissal and the circumstances of your case.

What Happens if Police Take No Further Action or You Are Acquitted?

If police decide to take no further action, this means the criminal investigation is not proceeding to a charge at that stage. If you are acquitted, the criminal court has not found you guilty of the offence.

However, neither outcome automatically prevents your employer from considering the circumstances under its own employment or safeguarding procedures. 

An employer may reach a different decision because the legal tests involved in workplace investigations and criminal prosecutions are not the same.

Can your employer continue disciplinary proceedings?

An employer may continue or begin an internal investigation where there is a legitimate employment reason to do so.

For example, the employer may consider whether particular conduct breached workplace policies or created a safeguarding concern, even where the evidence was insufficient for a criminal conviction.

However, the employer must still act fairly and should not assume that an allegation is true. If police have taken no further action or you have been acquitted, that outcome may be relevant to your employment position.

You should discuss how and when to provide that information with your solicitor, particularly if workplace proceedings remain ongoing.

Can Your Employer Find Out About the Allegation Through Other Sources?

Police disclosure and DBS checks are not the only ways an employer may become aware of a sexual offence allegation. Information may reach your workplace through colleagues, witnesses, media reporting or social media.

If an arrest becomes publicly known, your employer may become aware of it without receiving any formal notification from police. However, an employer learning about an allegation does not establish that it is true.

What if colleagues or others discuss the allegation?

Your employer may need to assess the information before deciding whether workplace action is necessary. You should avoid discussing the details of an ongoing criminal investigation with colleagues or posting explanations on social media without legal advice.

Statements made informally may later become relevant to the criminal case. If inaccurate information is circulating at work, a solicitor can advise on how to address the situation without unnecessarily affecting your defence.

How to Protect Your Employment Position During an Investigation

If you have been arrested or contacted by police about an alleged sexual offence, it is important to consider your employment obligations alongside the criminal investigation. 

You should establish whether you are required to disclose the matter and what information your employer is entitled to receive.

Review your contract and reporting obligations

• Check your employment contract, staff handbook and professional rules for any requirement to report an arrest, charge or investigation.
• Pay attention to the wording and any deadlines for disclosure.
• Do not assume that you must tell your employer immediately, but do not ignore a reporting duty that applies to your role.

Keep records of workplace communications

• Preserve relevant emails, letters and other communications from your employer.
• If you are suspended or asked to attend a disciplinary meeting, request the reasons and any relevant information in writing.
• Do not alter or delete communications relating to the allegation or your employment.

Coordinate criminal and employment advice

• What you say during a workplace investigation could become relevant to criminal proceedings.
• Equally, refusing to engage with an employer without considering your employment obligations could create additional difficulties.
• A solicitor can advise on how to respond accurately while taking account of both processes.
• Where necessary, specialist employment law advice may also be appropriate.

How a Sexual Offences Solicitor Can Help

A solicitor experienced in sexual offence allegations can advise you from the earliest stage of police contact. They can explain your rights during an investigation, represent you at police interviews and assess the evidence relating to the allegation.

Where you are concerned about your employer finding out, your solicitor can also consider whether police disclosure may arise and whether you have grounds to challenge a proposed disclosure.

If your employment contract or professional rules require notification, legal advice can help you understand what must be reported and how to respond.

Your solicitor can also help coordinate the criminal defence with any ongoing employment or regulatory proceedings. Early advice is particularly important if you work in a safeguarding-sensitive role or have already been contacted by your employer.

Speak to a Sexual Offences Solicitor

If you have been arrested or are under investigation for a sexual offence, concerns about your employment may arise before any decision to charge you has been made.

You may be unsure whether police will notify your employer, whether you must disclose the allegation yourself or what to do if you are suspended.

Our Sexual Offences solicitor can advise on your position during the criminal investigation and help you understand the possible consequences for your employment and professional responsibilities.

Speak to a solicitor before making detailed statements about the allegation to police, your employer or a professional regulator.