How should an employer respond when an employee is accused, charged, or convicted of a crime?
Fortunately, this is not a day-to-day issue that HR teams tend to deal with, but when it does arise, it can raise complex employment law issues and employers may have a PR crisis on their hands.
This has been a hot topic in the UK recently, with prominent BBC newsreader, Huw Edwards, charged with (and later pleading guilty to) sexual offences, and recent riots across the country resulting in lots of quick convictions.
In this article, we unpack the employment law elements and risks, and give some practical tips on how to mitigate risks.
The employment law consequences of employee criminal activity
When an employee is implicated in a crime, many employers will immediately consider dismissal. That may be because of risks to the business’ reputation, concerns about the individual’s ability to do their job, or simply because of the employee’s misconduct.
Just because an employee is accused – or even convicted – of a crime does not give employers carte blanche to dismiss without legal risk. Where an employee has two or more years’ service (for now, though the qualifying period for unfair dismissal is likely to be gone soon – see our update on Labour’s plans) they will have the right to unfair dismissal.
Employers need to follow a fair process and have a fair reason for dismissal.
The two most likely permitted fair reasons in this context are conduct and “some other substantial reason....
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