Reprimand from Professional Body - employement law - do I have to tell prospective employers?
clo15
Posts: 11 Forumite
I had a formal reprimand from my Professional Body (an accountancy body) back in 2015 basically a public telling off but still a fully valid and qualified member. Since then I've changed jobs twoce.
First job I took - didn't tell them. they never asked me so I didn't lie, I just didn't volunteer it. They found out about it a few mnonths later and basically told me to either leave of I'd be fired as 'I should have told them'. I didn't want a dismissal on my record too so I just cut my losses and left.
Second job - I told them about the Reprimand and they hired me anyway.
I'm now looking to move on to a larger company and I'm wondering what the actual legal position is. Am I legally obliged to disclose this to an employer of they don't specifically ask? I really want this next job I'm going for, I'm down to the final 3 and I'm unsure if I get offered the job whether to stay schtum or not? if they did find out - what is my legal position? Can they fire me if I haven't lied?
First job I took - didn't tell them. they never asked me so I didn't lie, I just didn't volunteer it. They found out about it a few mnonths later and basically told me to either leave of I'd be fired as 'I should have told them'. I didn't want a dismissal on my record too so I just cut my losses and left.
Second job - I told them about the Reprimand and they hired me anyway.
I'm now looking to move on to a larger company and I'm wondering what the actual legal position is. Am I legally obliged to disclose this to an employer of they don't specifically ask? I really want this next job I'm going for, I'm down to the final 3 and I'm unsure if I get offered the job whether to stay schtum or not? if they did find out - what is my legal position? Can they fire me if I haven't lied?
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Comments
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I suspect you know the answer to this: you should tell them. Accountants and other similar professionals are supposed to be scrupulously honest, even if it's to their detriment. And yes, they could fire you - in the first two years, for any reason, never mind something which calls into question your basic integrity. Are you sure you're in the right profession?0
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I suspect you know the answer to this: you should tell them. Accountants and other similar professionals are supposed to be scrupulously honest, even if it's to their detriment. And yes, they could fire you - in the first two years, for any reason, never mind something which calls into question your basic integrity. Are you sure you're in the right profession?
Judgemental much? I no longer work for an accountancy firm. This is in industry. The fact that after conducting a full investigation the professional body in question determined that I was still fit to carry their letters would tell me that YES I am in the right profession! Various mitigating factors were cited, namely that it wasn't my mistake that I was looking to remedy, that there was no personal gain, it was a genuine (if misplace) effort to help a client, and that I was relatively junior and acting under the instructions of a much more senior colleague! I had several character witnesses who'd worked with me several year attest to my integrity. Anyone can have a momentary lapse of judgement you know! One mistake early on in a career doesn't make someone unfit/without integrity. Get off your soap box!0 -
and yet you lost one job already by not being honest....do you see why you might have gotten the above response?0
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Lying by ommission is still lying. If "it doesn't matter" then they'll accept you told them and pad over it. If it matters, then they won't. This is not simply a matter of law though. It is a matter of professional standards, and they are entirely free to take whatever view they like on that. Even after two years, if they were to find out they could dismiss you for withholding this information, and that might well be held up as fair in law by a tribunal. Accountants are expected to be competant and demonstrate professional integrity. One way of doing that is to explain what happened and what you have learned from this experience, and that your current employer knows.
Btw. How did you explain being told to leave or be sacked? Don't bother answering that. I already know. You do realise that it's a small world, and there is a good chance someone could tell them about that too? So I'd strongly recommend the truth on this reprimand so that any later discovery about the lie about why you lost your employment appears more credible.0 -
Not really, no. I was asking what the legal position was if you haven't lied to an employer.
I had reservation as to the legitimacy of Employer 1's position at the time. My understanding was if you haven't committed an act of misconduct whilst in their employ, they had no grounds to fire you, and if they hadn't asked something during the recruitment phase, you weren't obliged to volunteer everything up. But I wasn't too bothered about the job anyway so I just cut my losses rather than challenge it. I got a new job immediately anyway.
Since looking for a new job I've done my research but found conflicting information so I was asking for advice on the legal position, not a judgemental lecture. I know my mistake. I have paid the price and learnt from it.0 -
Oh, and don't bother replying - after seeing your last response you should have told us that only wanted to be told what you wanted to hear, and we'd have saved ourselves the sorry of trying to help you
And your understanding is wrong! As you know or you wouldn't be here asking the question!0 -
Lying by ommission is still lying. If "it doesn't matter" then they'll accept you told them and pad over it. If it matters, then they won't. This is not simply a matter of law though. It is a matter of professional standards, and they are entirely free to take whatever view they like on that. Even after two years, if they were to find out they could dismiss you for withholding this information, and that might well be held up as fair in law by a tribunal. Accountants are expected to be competant and demonstrate professional integrity. One way of doing that is to explain what happened and what you have learned from this experience, and that your current employer knows.
Btw. How did you explain being told to leave or be sacked? Don't bother answering that. I already know. You do realise that it's a small world, and there is a good chance someone could tell them about that too? So I'd strongly recommend the truth on this reprimand so that any later discovery about the lie about why you lost your employment appears more credible.
Thank you for clarifying the legal position, and your advice. I was inclined to tell them anyway as I don't want it 'hanging over me' - but I was curious as to the formal legal position. This was helpful. Thanks!0 -
LOL! Sorry too late! Had already replied to you last message!
Defo didn't want to 'just hear what I wanted to hear'! I wanted facts on the legalities rather than judgement - that's all! As I said - I'd read conflicting thinks so was unsure. You provided clarity (in your initial post) and I will be following the advice given (despite it not being 'what I wanted to hear')- so thank you for your insight!0 -
The only legal position which matters in the first two years of employment is that you have the job terminated and no reason given. If they discover that you have failed to provide information which they believe brings your integrity into doubt that is likely to be the route they take.
There was nothing in the original post to suggest that you had left accountancy, that was only added in post 3. If you want a full answer you need to provide all relevant information.0 -
Thank you for clarifying the legals.The only legal position which matters in the first two years of employment is that you have the job terminated and no reason given. If they discover that you have failed to provide information which they believe brings your integrity into doubt that is likely to be the route they take.
There was nothing in the original post to suggest that you had left accountancy, that was only added in post 3. If you want a full answer you need to provide all relevant information.
(Regarding accountancy, if you work in an accountancy firm you sign an annual declaration which asks 'have you been reprimanded/disciplined/excluded etc...' so I'd have to tell them anyway as it's specifically asked.)0
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