Can information relating to an alleged case of child abuse from another country be used in the Employment context in the UK?

Sexual abuse of children

The sexual abuse of children is an extremely important issue of any society to deal with so where there is any form of allegation that an individual has been involved in this kind of activity then it must be taken serious by a UK employer.

Clearly this issue becomes even more apparent when the individual involved works with children but often an employer will not want to have their reputation tarnished by employing an individual who has a case of this type pending.

Would this apply simply to a case in the UK?

In most cases the allegation is likely to come from the UK courts or UK criminal justice system if the individual involved is from the UK and seeking employment in the UK.

However, in some cases the allegation will come from abroad and will still have to be treated seriously if it is believed that the individual poses a significant threat to society.

This is an issue which has become apparent in a recent case.

What were the facts of this case?

The facts of the case concerned an individual who had obtained a job working for a local authority and following the confirmation of his job was to travel to Cambodia to undertake work in an orphanage.

However, during his time in Cambodia he was arrested on suspicion of having sexually abused some of the children at the orphanage.

Was the individual charged in this case?

The individual was not charged in this case as following investigations by the Cambodian authorities the prosecutor’s recommended that his file be held without processing which under the laws of the Asian country effectively means that it was an acquittal.

What happened when the individual returned back to the UK?

Following the first acquittal when the individual returned back to the UK he took up his post with the local authority as had always been the plan before his trip to Cambodia. The individual did not explain to his new employer what happened.

Was this the end of the case?

The original acquittal was not the end of the story as there were two further hearings in which acquittals were granted in both.

The individual felt that he was being persecuted by a Cambodian Campaign group and sent a number of emails to government departments complaining about this – some of which the content was ill-judged on the individual’s behalf.

These emails were sent from his work email address which brought the facts of the case into the knowledge of his employer which issued him a written warning concerning his email content.

Did the employer believe that he was guilty of these charges?

The employer did not believe that the individual was guilty of the charges – the written warning was simply concerning the content of the emails.

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For more information on:

  • Did anything further happen in this case?
  • Did this affect his employment status?
  • Did the individual appeal the case?
  • What was the decision of the employment tribunal?
  • Did they feel that this was enough to warrant a dismissal?
  • Is sacking someone on the grounds of loss of trust and confidence a satisfactory position?