Can you work while on police bail?

Have you been released on pre-charge bail or feel you may be at some point soon? There are many conditions that could be attached to your bail, and understandably, you’re anxious that you may not be allowed to work.

In this article, we’ll discuss whether or not you are allowed to work on police bail, whether you have to inform your current employer of your legal situation, whether prospective employers will be told of your situation when applying for new work, and whether you can ask for any conditions to be changed or lifted.

 

Can I work while on police bail?

Most people are allowed to work whilst on police bail. Your ability to do your current or future roles may be difficult or impossible though, depending on your bail conditions. Here are some examples of how it may be trickier:

 

Curfew conditions

Depending on your shift patterns, you may find it difficult or impossible to work in your current or prospective role. You may have a strict curfew after which you need to remain at your bail address.

If your ability to work your current job or a job you are interested in is hampered by a curfew, you can appeal to the police to alter this condition, though your appeal may not be successful.

 

Contact restrictions

You might be prohibited from speaking to certain individuals (children under 18 without supervision, particular colleagues, etc) and therefore you may not be able to attend your job in-person anymore.

Unless you can work out a working arrangement which means you can do your job without speaking directly or indirectly to these individuals, then you won’t be able to work.

 

Travel restrictions

You may not be allowed to travel abroad or within the UK whilst on bail. If your job requires you to travel, you may not be able to stay in your job anymore. At the very least you’ll have to make arrangements with your employer to adapt your work so you don’t have to perform this duty.

 

Exclusion zones

You may be banned from certain areas (places near schools, near where the alleged offence took place, etc) and this may overlap with the area(s) where you need to work.

In this case, you will be unable to attend your place of work, and unless you are able to coordinate remote work or work at an alternative address with your employer, you’ll likely be unable to stay in your role.

 

Reporting to police station

You might need to report to the police station at specific times on certain dates – if this overlaps with your regular working hours, you may not be able to do your role. You must attend the police station when asked to, or risk being arrested.

 

Restrictions on Internet access

For some offences, you may have to adhere to restricted Internet access. If your role requires you to use various devices with an Internet connection, you may have to work out an arrangement with your employer and the police, or potentially be unable to do the job at all.

 

 

Do I have to tell my employer I am on police bail?

You may or may not need to tell your employer if you are on police bail. This depends on your contract and the nature of your job. You may need to tell them if:

• Your contract states you need to tell your employer about your involvement in any legal proceedings (including arrest, release on police bail). You may be terminated if you don’t tell them.
• Your bail conditions impact your ability to do your role. If you cannot perform your job the same or at all due to your bail conditions, you will naturally need to inform your employer.
• The offence is for something which relates to your job – for example a motoring offence if you are a taxi driver.

The police may be legally required to disclose that you have been arrested and are on police bail for certain offences, especially if it relates to your job. For example, if you work with children or vulnerable adults, they may be obligated to make a disclosure to your employer.

 

Will my arrest and release on bail show up on a DBS check?

If you are applying for a new position, your prospective employer may carry out a DBS check on you. If you are in current employment, it may be your employer’s policy to re-check from time to time or if your role changes at all.

Being arrested and released on bail won’t normally show up on a standard DBS check. If the employer carries out an enhanced DBS check, it may come up. The police will be contacted to ask if they have any relevant information to share about you and it is at their discretion whether or not they include your arrest and bail status.

 

 

Can I have my bail conditions changed to make it easier to work?

Yes, it is possible to have your bail conditions changed or lifted. With the help of a solicitor, you can make your case to the police why your bail conditions should be varied to make it easier for you to do your job.

 

On police bail and worried?

At Holborn Adams, we can help you appeal for amended bail conditions to make your life easier.

We are also big advocates of pre-charge engagement, a process where you can make a case to the police to drop the investigation without formal charges.

Please don’t hesitate – this time is critical. Get in touch with our pre-charge solicitors today.

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