Remanded in Custody, Implications for Employment?

harrys_dad

Hi everyone, a relative of mine has been remanded in custody because they have been charged with something and have nowhere to stay. What should they tell their employer about not being able to go to work? What are the implications for their continued employment? They have been continuously employed in the same job for over two years.

Thanks.

ohreally

The employer may be able to successfully argue frustration of contract and dismiss, imho.

Tiddlywinks

harrys_dad wrote: »

Hi everyone, a relative of mine has been remanded in custody because they have been charged with something and have nowhere to stay. What should they tell their employer about not being able to go to work? What are the implications for their continued employment? They have been continuously employed in the same job for over two years.

Thanks.

Remanded in custody because they have nowhere to stay? How come? Where do they normally reside?

Remand could be many months so your relative will just need to tell the employer the truth.

Given that people aren't routinely held for minor offences, what is the charge?

dippy3103

I think it would be hard to sweep under the carpet- if it comes out as a lie later it will look worse.

fruitedeli

harrys_dad wrote: »

Hi everyone, a relative of mine has been remanded in custody because they have been charged with something and have nowhere to stay. What should they tell their employer about not being able to go to work? What are the implications for their continued employment? They have been continuously employed in the same job for over two years.

Thanks.

Charged with what? That's a very important detail. Employer might dismiss on grounds the employee being charged is bringing company into disrepute. You don't even need to be convicted. If the public thinks negatively of the company because of the employee that's enough.

PHILANTHROPIST

Tiddlywinks wrote: »

Remanded in custody because they have nowhere to stay? How come? Where do they normally reside?

Remand could be many months so your relative will just need to tell the employer the truth.

Given that people aren't routinely held for minor offences, what is the charge?

Agree with Tiddly.

Would also add that in this nation you are innocent until proven guilty.

OP, or friend, needs a decent criminal barrister, not an internet forum.

Tiddlywinks

OP - you need to look here for more information... I strongly suggest that your relative has not given you all the facts:

http://www.offendersfamilieshelpline.org/index.php/information-sheets/

Yorkie1

I can't see any way of the employer not being told about the charge and, if need be, the reason for the person being unable to attend work.

Impact on work can't be predicted - as others have said, it may depend on what the charge is and the nature of the employment. It may also depend on whether the employer is willing to give the benefit of the doubt to the employee unless and until convicted - if the individual has only just been charged and remanded in custody then it's likely that the investigation is not yet complete.

One thing I would say, though, is to check how many bail applications the person has had and when they were first remanded in custody. A person is entitled to 2 bail applications at the start - and if, for example, the person appears on a Saturday then information about alternative addresses may not be available, so that doesn't count as a first application.

If the person has only had one application, and there's a possibility of addresses becoming suitable to put forward, and the only reason for bail not being granted was lack of suitable alternative address, then it is possible that they will get bail at a later date.

maninthestreet

So what job does this relative do? A Big Issue seller??

harrys_dad

Yorkie1 wrote: »

One thing I would say, though, is to check how many bail applications the person has had and when they were first remanded in custody. A person is entitled to 2 bail applications at the start - and if, for example, the person appears on a Saturday then information about alternative addresses may not be available, so that doesn't count as a first application.

If the person has only had one application, and there's a possibility of addresses becoming suitable to put forward, and the only reason for bail not being granted was lack of suitable alternative address, then it is possible that they will get bail at a later date.

Thanks for that, you are absolutely correct that it is a lack of a suitable alternative address that is the problem. I have now found out that work know of the issue now too.

makeyourdaddyproud

You should have the right to return to your job once proven innocent. The employer cannot dismiss until then. Did Micheal Levell or William Roache get dismissed? Their allegations are serious.