Suspended From Work: Managing Parallel Risks.
Suspension pending an internal investigation is often the precursor to formal criminal allegations or referral to a professional regulatory body. How you handle the internal disciplinary process directly impacts your broader legal exposure.
The Danger of the Internal Investigation
Employees often view an internal disciplinary meeting as an opportunity to "clear their name" and speak candidly. This is exceptionally dangerous if the allegations have a criminal dimension (e.g., fraud, sexual misconduct, data theft).
Internal investigators are not bound by the rules of evidence that govern the police. However, any admissions you make or documents you provide during the internal process can be handed over to the police and used against you in a criminal prosecution.
Strategic Coordination
If you are facing parallel employment, regulatory, and criminal investigations, you cannot address them in isolation. A statement made to save your job might destroy your criminal defence, or vice versa.
Craig works alongside specialist employment counsel to ensure that your response to the internal investigation is carefully calibrated to protect your position in any potential criminal or regulatory proceedings.
Professional Regulations
For doctors, lawyers, accountants, and other regulated professionals, suspension often triggers a mandatory duty to self-report to your regulatory body. Failing to do so is a separate disciplinary offence. Craig provides guidance, through Forbes Solicitors, on when, how, and what to report to minimise regulatory action.
Are You A...
Your profession shapes both the risk and the strategy. See how Craig works with regulated professionals.
Related Services
Professionals Under Investigation
Specialist defence for regulated professionals facing criminal investigation.
Reputation Protection
Strategic reputation protection during criminal investigations.
Private Defence
Strategic private criminal defence for professionals and business owners facing high-stakes allegations.
Frequently Asked Questions
Suggested Reading
Understanding Criminal Investigations: A Strategic Guide
The definitive guide to criminal defence in England and Wales for professionals. What to expect, how to protect yourself, and how strategic defence works.
Police Search Warrants: A Strategic Guide for Homes, Businesses and Professionals
A strategic guide to police search warrants in England and Wales: the powers behind a search, what can be seized, privileged and protected material, and why the period immediately after the search may be decisive.
When the Authorities Freeze or Seize Your Money or Property: A Strategic Guide to POCA
A strategic guide to the Proceeds of Crime Act 2002 in England and Wales: cash seizure, Account Freezing Orders, restraint, confiscation and third-party property, and why identifying the precise power comes first.
The wider picture
What else could this affect?
An investigation rarely stays in one place. These are the areas that, depending on the facts, may also need to be considered.
Your employer
An employer may become aware of, or need to consider, the allegation; the timing and approach can matter a great deal.
Your professional registration
Where you hold a professional registration, an allegation can create a parallel issue that should be assessed alongside the criminal matter.
Your regulator or professional body
A regulator or governing body may take an interest in the same facts, and whether or when to engage should be considered with advice.
Your career
An allegation can raise longer-term career questions; early advice can help identify how to protect your position.
Your reputation
An allegation, even one that is never charged, can create reputational exposure that benefits from a considered, strategic approach.
Your DBS position
Where your role involves a DBS check, an allegation may need to be considered in that context depending on the facts.
Before you act
The decision you may be facing next
People in your position often face one of these decisions before anything else. Each one is best made with advice, not under pressure.
Should I speak to my employer about this?
Should I tell my regulator or professional body?
Should I seek pre-charge representation now?
A parallel process
If this affects your profession
For healthcare professionals, a criminal allegation can run alongside a regulator and an employer at the same time, and each should be assessed together.
Who may become involved
- GMC
- GDC
- NMC
- GPhC
- HCPC
- Your employing trust or practice
How it can unfold
- 01An allegation or complaint is made
- 02A police investigation begins
- 03Your employer or trust may start its own process
- 04Your regulator may be notified of the same facts
- 05Interim conditions or suspension may be considered
- 06A fitness-to-practise assessment may follow
expertise
Specialist in Professional & Regulatory Risk
Particular expertise in cases where criminal investigation intersects with professional regulatory proceedings.
expertise
Over 700 Trials Conducted Personally
Unparalleled courtroom experience built across two decades. Every case is led by Craig MacKenzie, not delegated.
expertise
Experience in the Most Serious Cases
From murder and terrorism to organised crime, large-scale conspiracies and cross-border investigations, Craig MacKenzie has extensive experience defending clients in the most serious and complex criminal cases. That experience shapes every decision, from the first police interview through to trial.
Do You Require Advice About Your Circumstances?
This material provides general information and is not a substitute for advice about a specific investigation or case.
Craig provides legal services exclusively through Forbes Solicitors. To make an initial enquiry, contact Craig at:
craig.mackenzie@forbessolicitors.co.uk
An enquiry does not constitute an instruction. Forbes Solicitors must confirm in writing that it has accepted the matter before any solicitor–client relationship arises.