caution

[zelig6666]

I work in a care home and have recently been cautioned for shop lifting, can i be sacked from my job for this.

[Buenchico]

As a general rule, you can't be sacked for anything which occurs away from work. However, there's an exception in that you can lawfully be dismissed for anything which results in a 'loss of trust' in your suitability for the post. (e.g. someone who worked as a bus driver and got 9 points on his licence, through 3 speeding offences [in his own car] in the same month, might create a 'loss of trust' with his employer and he could probably lawfully be sacked).

If you work in the kitchens of the care home, it might be hard for your employer to show that your actions have given rise to a loss of trust. However, if your job provides you with the opportunity to steal from the residents, irrespective of whether you'd actually do so, your employer might well believe that a loss of trust now exists.

In practice, of course, the law doesn't actually stop any employer from firing any employee for any reason. It only provides that the employee can take the case to a tribunal, in order to show that the dismissal was unlawful. (If the employee wins the case, the employer can't be forced to give the employee his job back. He might choose to pay compensation instead). If your employer decided to dismiss you, you'd have to consider whether you'd be able to persuade a tribunal that your actions didn't give reasonable cause for a loss of trust. I suspect that (unless you don't have any contact with the residents or their valuables) you'd find it hard to win your case.

Chris

[malky53]

you need to be aware it will show on your next CRB check so it is your interest to disclose it at the time that is being done.

When the new Safeguarding regs come into force any new convictions of people who have been CRB checked will be notified to their employer