Do I have to tell my employer about my police investigation?
A common and difficult question several clients ask is: “Do I have to tell my employer about my police investigation?”
The short answer is: it depends. Whether or not you are legally or contractually obliged to inform your employer about a police investigation varies depending on your job role, your employment contract, the nature of the allegation, and whether you work in a regulated profession.
In this blog, I outline the key factors to consider when deciding whether to disclose a police investigation to your employer, and how to do so in a way that protects your rights and your career.
What is a police investigation?
A police investigation means you are suspected of involvement in a criminal offence, but have not (yet) been charged. It may involve:
Being interviewed by way of arrest or voluntarily under caution (PACE interview)
Having your phone or devices seized
Being arrested and released under investigation (RUI) or on police bail
Being subject to ongoing enquiries
At this stage, you are not guilty of anything, and you may never be charged. However, the situation is still serious and can have consequences if mishandled.
Are you legally required to tell your employer?
There is no automatic legal duty to inform your employer that you are under police investigation — unless:
Your contract of employment includes a clause requiring disclosure of criminal investigations or contact with police
You work in a role of trust or safeguarding, such as with children, vulnerable adults, or in high-security environments
You are bound by the rules of a regulatory body (e.g., GMC, NMC, SRA, FCA, etc.)
Tip: Check your contract or staff handbook. Many employers have “conduct” clauses that require notification of any criminal investigation or arrest, particularly in sensitive roles.
Should you disclose voluntarily?
Even if you’re not contractually required to disclose, there may be good reasons to consider voluntary disclosure — and some strong reasons to avoid it too.
Reasons you may want to disclose:
The investigation may become public (e.g., press coverage or workplace rumours)
You need time off for legal meetings or interviews
You may be subject to disclosure via a DBS check
You want to control the narrative and be transparent
Reasons to delay or avoid disclosure:
The investigation may end with no further action (NFA)
Disclosure may trigger suspension or disciplinary action prematurely
You have no legal duty to say anything at this stage
Disclosure without legal guidance can be poorly worded and misinterpreted
Before making any decision, speak to your criminal defence solicitor.
What if you work in a regulated profession?
If you're a member of a regulated profession, the situation is more complex. Regulators often require disclosure of criminal investigations even in the absence of charges.
Examples include:
Healthcare professionals (e.g., GMC, NMC, HCPC)
Legal professionals (e.g., SRA, BSB)
Teachers and education staff (e.g., Teaching Regulation Agency)
Financial professionals (e.g., FCA)
Failure to notify your regulator may result in additional professional sanctions, even if the investigation ends without prosecution. It’s critical to seek legal advice before making any disclosures to regulators or employers.
Can you be suspended for being under investigation?
Yes, it is possible — especially if the alleged offence:
Is relevant to your job role
Poses a safeguarding or reputational risk to the employer
Involves allegations of dishonesty, violence, or sexual misconduct
Suspension is usually a neutral act while the employer investigates internally. However, it can still affect your income, career progression, and mental health. Legal advice at this stage is crucial, particularly when responding to HR inquiries or internal disciplinary action.
Will the police inform my employer?
This is a common concern — and the answer is reassuring for most people.
In general, the police will not inform your employer unless there is a safeguarding concern. They are not obliged to notify your workplace simply because you're under investigation.
However, there are important exceptions:
If you work with children or vulnerable adults, such as in education, healthcare, social work, or certain public sector roles, police may have a duty to share information with your employer or the Local Authority Designated Officer (LADO) under safeguarding protocols.
If bail conditions or safeguarding measures require you to stay away from certain individuals, locations, or types of work, the police may need to notify your employer to enforce those conditions.
If a Disclosure and Barring Service (DBS) referral is made due to the nature of the allegation, this could also lead to employer notification.
If you’re at risk of receiving a criminal record, consider visiting Unlock.org — a fantastic resource dedicated to supporting and advocating for people with criminal records in England and Wales, helping them move forward positively with their lives.
