Telling your employer that you are going to prison is one of the hardest conversations you will ever have. It is also one of the most important. Handle it well and you may have a job to come back to; handle it badly and you'll spend your release looking for work with a fresh conviction on your record. This guide walks through exactly how to tell your employer you're going to prison in the UK in 2026 — when to do it, what you are legally required to disclose, what to put in writing, and how to give yourself the best chance of resuming your career on release.
Are You Legally Obliged to Tell Your Employer?
The short answer: not until you are convicted, and even then it depends on your contract.
A criminal charge is not a conviction. You are presumed innocent until the court finds otherwise. If your contract has no specific clause about reporting criminal proceedings, you are not legally required to disclose a charge to your employer. You are also not required to disclose police bail, a voluntary attendance interview, or being released under investigation.
However, three things change the picture:
If you don't fall into any of these categories, you are entitled to wait until conviction. But waiting is not always the best strategy.
When Is the Right Moment to Tell Them?
There are four realistic options. Each has trade-offs.
Option 1: At the point of charge
Pros: maximum honesty, builds trust, gives the employer time to plan cover.
Cons: you may be acquitted, in which case you've disclosed something that turned out to be nothing.
Option 2: After plea, before sentencing
This is the most common moment. Once you've entered a guilty plea (or been convicted at trial), the outcome is no longer in doubt — only the sentence length is. You typically have 4–8 weeks between plea and sentencing in the Crown Court while a pre-sentence report is prepared.
Pros: certainty, time to negotiate unpaid leave or notice.
Cons: still some uncertainty about whether the sentence will be custodial.
Option 3: After sentencing, from the cells
Your nominated outside person calls the employer the same afternoon. Some defendants prefer this because it removes the awkwardness of face-to-face.
Pros: avoids the conversation entirely.
Cons: looks like you hid it. Bad for any chance of return.
Option 4: Never — just disappear
This happens. People go inside and never contact the employer again. The result is dismissal for unauthorised absence, no reference, and a much harder job search on release.
For most people, Option 2 is the right balance. Tell them once you know custody is likely and you have a sentencing date.
How to Have the Conversation
Face to face if at all possible. Schedule a private meeting with your line manager and bring HR if your workplace has them. Keep the meeting short — 15 minutes is plenty.
A workable script:
> "I need to let you know about something serious. I've been convicted of [offence type — you don't have to give every detail] and I'm being sentenced on [date]. My solicitor has advised that a custodial sentence of approximately [range] is likely. I wanted to tell you in person and discuss what options I have to either continue employment after release or end things on the best possible terms."
Then stop talking and let them respond. Do not over-explain, do not make excuses, do not promise anything you can't deliver.
What to Put in Writing
After the meeting, send a follow-up email. This is your record of what was said and what was agreed. A template:
> Dear [Manager],
>
> Following our conversation today, I'm writing to confirm that I will be sentenced on [date] at [court]. My solicitor anticipates a custodial sentence in the range of [X to Y months].
>
> I would like to formally request [unpaid leave / a career break / notice from the date of sentencing — whichever you've agreed]. I am happy to assist with handover and to keep you informed of my expected release date once known.
>
> I appreciate the difficulty this places on the team and thank you for the way you've handled this conversation.
>
> Yours sincerely,
> [Name]
Keep a copy with your outside person. Inside you will have no easy access to email.
Your Legal Rights If You're Dismissed
Being charged with or convicted of a criminal offence does not automatically give an employer the right to dismiss you. They must follow a fair process under the Employment Rights Act 1996.
The two grounds usually relied on are:
For SOSR dismissals, the employer should consider:
If you have over two years' service, you have full unfair dismissal rights and can challenge a dismissal at an employment tribunal. ACAS conciliation is the first step — your outside person can begin this on your behalf.
Sectors Where the Conversation Is Different
Financial services (FCA-regulated)
You must self-report a criminal charge to your firm immediately under the Senior Managers and Certification Regime. Failure to do so is itself a regulatory offence. Most firms suspend pending outcome.
Healthcare (NHS and private)
GMC and NMC have rapid notification duties. You may be referred to an Interim Orders Tribunal which can suspend you within weeks. Speak to a specialist regulatory solicitor early.
Teaching
You must inform your headteacher and the Teaching Regulation Agency. A custodial sentence of any length triggers an automatic prohibition order consideration.
Driving jobs (HGV, taxi, delivery)
A custodial sentence usually voids your operator's licence or PHV/taxi licence. The local council will be notified by the court.
Self-employed and limited company directors
A custodial sentence does not automatically disqualify you from being a director, but offences involving fraud, dishonesty or trading offences can lead to disqualification under the Company Directors Disqualification Act. If you're a sole trader with clients, you'll need to write to each one or wind the business down before going in.
What If You're Self-Employed?
You don't have an employer, but you do have clients, suppliers, HMRC and possibly staff. The 30-day window before sentencing is when you decide:
Speak to an accountant before sentencing — once inside, you cannot easily file accounts, respond to HMRC, or instruct an insolvency practitioner.
> **Insider tip:** If you run a limited company, appoint a co-director before you go in. A single director who goes into custody leaves the company effectively paralysed — bank accounts, contracts and payroll all freeze.
Returning to Work After Release
Most employers who agree to hold a job open do so on conditions:
Realistic expectations: even sympathetic employers may move you sideways or downwards on return. Take the job, prove yourself for six months, then negotiate from a position of being back in work.
For a deeper guide to job-hunting on release, read our article on disclosing a criminal record on job applications.
What Not to Do
FAQ
Do I have to tell my employer if I'm only on remand, not yet convicted?
Generally no, unless your contract requires reporting of charges. You are presumed innocent. But long-term unexplained absence will trigger questions.
Can my employer sack me just for being charged?
Not for the charge alone if you have over two years' service, unless your contract specifies otherwise. They can suspend you pending the outcome.
What if my employer asks to see the court paperwork?
You don't have to share it. A simple confirmation letter from your solicitor is usually enough.
Will my employer be told by the police or court automatically?
No. Courts do not notify employers. The exceptions are regulated professions where the regulator informs the employer.
Can I claim unfair dismissal from prison?
Yes. ACAS early conciliation must usually start within 3 months of dismissal. Your outside person can lodge it on your behalf with a signed authority.
Will my pension be affected?
Workplace pension contributions stop while you are in prison (no salary). The pension pot itself is unaffected and continues to grow with investment returns. State pension contributions are not credited for time inside.
*Last updated: April 2026.*