Can you work whilst on bail?

Introduction

Being arrested and granted bail (whether by the police or court), can be an unsettling and stressful experience, which oftentimes leaves people worrying about how it will affect their day-to-day lives. One particular question we are often asked is ‘Can I still go to work whilst I am on bail?’ The good news is that in most cases, being on bail does not mean you have to stop working. However, there are some important factors to consider, that may make this more complicated.

What is Bail?

Bail is the legal mechanism that allows a person accused of a crime to remain in the community whilst awaiting court hearings, or whilst the police continue to investigate an offence. It acts to ensure that the individual returns to the court or police station at a given time and date. Oftentimes, specific conditions are attached to grants of bail which state what a person cannot do/must do. You can read our dedicated blog on this topic here.

Can You Work Whilst on Bail?

In most cases, individuals can continue working and living their normal lives whilst on bail. However, for certain types of employment and for certain types of offences, conditions of bail may prohibit a person from working. We explore these below.

Common Bail Conditions Which May Affect Work

Some common Bail Conditions which might affect a person’s ability to work generally, include:

1. Curfew Requirements – a requirement to be at your home address during certain hours may make it impossible to work your regular shifts, if you, for example, work evenings or nights. A pragmatic view on conditions such as these should be taken by the courts, as conditions must be proportionate and necessary, but this is not always the case. If you find yourself limited by curfew requirements, an application to amend the times of the curfew to fit around your life, or work schedule, can be made
2. Restrictions on Travel – Bail conditions might prevent a person from leaving the country, or travelling on, for example, rail networks. This might hinder employment requiring long commutes, regional travel or international trips. As above, it may be possible to have conditions amended/removed to allow this sort of activity. Old Bailey Solicitors are experienced in handling cases where bail conditions prevent travel for work and have had much success in this field.
3. Exclusion Zones – A bail condition preventing a person from going to a certain place, such as a Town Centre where offending is alleged, may prevent a person from going to work if their workplace is within that zone.
4. Regular Reporting Condition – A person required to sign-on at the police station at specific times and on specific dates, might have difficulty in attending work, should this condition clash with working hours.

Do You Have to Tell Your Employer?

Whether or not you need to disclose your bail status to your employer, depends on several factors:

• Contractual Obligations

Some employment contracts require you to inform your employer of any legal proceedings, which may include an arrest and release on police bail. Failure to notify your employer of your bail could leave you in breach of your employment contract and may leave you at risk of termination. Check your employment contract for clauses relating to legal proceedings, and contact us if you need further advice regarding disclosures.

• Nature of the Offence

If the alleged offence relates to your job (e.g. financial offences if employed as an accountant, or driving offences where employed as a delivery driver), you may be obligated to inform your employer.

• Disclosure by Police

In certain circumstances, the police may be required to disclose information of an arrest/investigation to your employer. For example, those who work with children or vulnerable adults, in employment such as teaching, healthcare or social care, may find themselves in a situation where the police notify their employer. These disclosures aim to safeguard vulnerable individuals under your care.

The police can disclose information of an arrest, should they deem it necessary to make the disclosure for public protection purposes.

Offence-Related Conditions

Certain offences might attract conditions which have specific goals related to the allegations. For example, child-sex offence allegations often attract conditions which prevent a person from having contact with persons under 18 years of age. Naturally, if a person was to work in a shop or a place of work which employs people under the age of 18, an issue would arise if you were on shift with this person. In these circumstances, it may be necessary to speak to your employer to ensure that shift arrangements can be organised to comply with these conditions.

Will My Arrest Be Disclosed on a Disclosure and Barring Service Check (DBS Check)?

It is possible that an arrest is disclosed on an Enhanced DBS Check. This would take the form of information being disclosed in the ‘Other Relevant Information Disclosed at the Chief Police Officer(s) Discretion’ section. The police will be asked by the Disclosure and Barring Service whether there is anything to disclose, and this primarily takes the form of a Police National Computer check, which provides information on Convictions, Cautions, Reprimands and Warnings. At this point, the police will also have the option to disclose other matters which could include notification of your arrest and the offence alleged.

Naturally, this could cause issues with your employer or prospective employer, who may raise concerns about the disclosure.

If you find yourself in this position, we can help, whether this be through speaking with the investigating officer prior to your application, or directly with your employer if the disclosure has already been made, to provide them with context and understanding of your position.

What Should You Do If Bail Conditions Conflict with Work?

If bail conditions are interfering with your ability to work, we can assist. We can offer bespoke advice about how to ensure compliance with bail conditions, whilst allowing you the ability to work.

In some cases, it might not be possible to work with the present conditions. In these situations we can assist you in seeking amendments to your bail conditions. This might take the form of an application to the police, or in the alternative, to the Magistrates’ Court (if a person is under investigation), or if charged, making an application to the relevant court.

Old Bailey Solicitors have a proven track record of securing positive outcomes for our clients whose bail conditions are preventing them from living their day-to-day lives. Whether through amendments to conditions, or removal of them entirely, we are here to help.

Conclusion

Whilst it is possible to work whilst on bail, you may find yourself subject to conditions which inhibit your ability to do so. Understanding your rights is crucial to navigating being on bail, with minimum disruption to your personal and professional life.

If you are on bail – whether police or court imposed – and are concerned about how it may impact your ability to work, contact us without delay. Our team are happy to help you book an initial conference with one of our experienced solicitors to discuss your options.