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Is my career over?

Discussion in 'Secondary' started by AutumnRed, Jun 26, 2019.

  1. AutumnRed

    AutumnRed New commenter

    Dear All

    I need advice not judgement.

    I have been allowed to resign from my employer.

    Not worked as a teacher for 12 years, but worked in Education.

    Set up a company last year but did not tell employer. Should have due to contract.

    Arrested but not charged.

    Fraud, bid for and got work through company but did not declare it was me.

    All contracts fulfilled etc.

    Will not be referred to TRA, as nor working as a teacher.

    Lawyers say no crime committed.

    Yes I made a mistake.

    If I was to be charged and convicted, it is not an immediate autobar offence.

    Do you think that it means I Will never be employed as a teacher?

    Need honest advice and experience.

  2. averagedan

    averagedan Occasional commenter

    Depends on the exact details of the offence, what category it falls under and how desperate they are to fill the space. To be honest schools are pretty risk averse these days so it doesn't look good.
  3. tb9605

    tb9605 Established commenter

    Has this given you a criminal record? You say arrested but not charged - did you get a caution? If you didn't, then I don't think anything would come up on CRB check as arrests alone don't. Your big issue is going to be when your next employer wants a reference....
  4. welshskyline

    welshskyline New commenter

    So who have you supposed to have defrauded?
  5. Flanks

    Flanks Senior commenter

    From basic sound of it, yes it will be tricky, particularly as your reference will be poor/non existent.
  6. dunnocks

    dunnocks Star commenter

    If you are thinking of applying to do teacher training, you need to discuss this fully with the ITT provider. They will know. Lots of teachers have criminal records. One council I know started to do an audit a few years back, but stopped because they would have lost half their workforce if they had carried on. One of my best friends got a record for some silly mistake, and thought her teaching career was over. It has never been an issue though. Another head of a school I used to work in was delighted when a teacher got a conviction for assault, because it looked bad on her CRB, so meant she was unlikely to leave her current post. In fact he is 100% correct, she is still there. She isn't treated very well. Her job description changes regularly, but she doesn't think she can apply elsewhere with her conviction, so she stays. Still, she is fully employed.
  7. EGO8

    EGO8 New commenter

    Tell any employer your mistake. It depends on the Headteacher. It absolutely does not stop you.

    Honesty as a last note on any interview will serve you well.
  8. BristolLanguages

    BristolLanguages New commenter

    I think it depends on the offence. From my understanding, the main issue why we need CRB checks when working in any capacity with minors or vulnerable adults is safeguarding.
    Firstly, if your offence has not created a criminal record, as you were not charged, then it may not even be an issue. Obviously, this should be checked with a legal advisor. Also, read the wording on teaching applications, it describes what you have to declare.
    Secondly, last year my company took over another and I had to help the HR manager to process paperwork, while photocopying CRBs inevitably you can see those with nothing and those that list offences. I did not read what the offences were, but from that I learnt that you could have been charged with something and still be able to work with children... depending on the offence, of course.
  9. AutumnRed

    AutumnRed New commenter

    Dear All

    Essentially while not working as a teacher, I set up a business.

    To make the business sound more impressive, I invented an admin person to reply to emails and another to send out materials. Names on emails.

    Used the names to hide the fact it was a one man show.

    This may be fraud by misrepresentation.

    Discovered and may be prosecuted.
  10. blueskydreaming

    blueskydreaming Lead commenter

    I don't see how that constitutes fraud. Listen to the lawyers.
  11. cheesypop

    cheesypop Senior commenter

    Did you bid for work from your employer somehow through your company?

    If so, crucially, were you involved in the process where your bid was accepted?

    If all you did was set up a business and pretend some other people worked there and it had no connection with your employer at all I can’t see the issue. If somehow the employer is saying that they were defrauded into buying services from you that they wouldn’t have bought if they had known it was you, then potentially I can see why it might be an issue legally.

    In terms of teaching, it would not be seen as seriously as if you had a sexual or a violent offence but it could be seen as a mark against your good character. It would depend how much else you had to offer.
    SundaeTrifle likes this.
  12. Piranha

    Piranha Star commenter

    Sorry, it is a bit difficult to work out exactly what is happening. Is your former employer going to take it further? If not, I can't see why you should be charged. And, if your lawyer says no offence has been committed, that is another reason not to be charged. My layman's view on this is that an offence would only have been committed if you had some influence in the awarding of the contract.

    Regarding your future prospects, a conviction would obviously be bad for you. If that does not happen, then what your employer says in a reference is clearly relevant. If they would give you a plain "xxx worked here from … to … and there were no safeguarding concerns then you might have a chance. However, they are not going to vouch for your integrity.

    Are you able to ask your ex-employer what they are intending to do and what sort of reference, if any, they are prepared to give? That might help you decide what to do next. By the way, you say you have not worked as a teacher for 12 years - does that imply that you did work as a teacher before that?
  13. jubilee

    jubilee Star commenter

    That's not fraud. Damart used to send out mailings from an Allison Dale. She never existed.

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