Chris Bryden & Michael Salter report on how employers should deal with allegations of criminal misconduct
An employer faced with misconduct committed by its employee either inside the workplace or outside of it, where the misconduct complained of could amount to a criminal offence, is faced with a tricky series of considerations when deciding how to conduct any disciplinary procedure.
The ACAS Guide: Disciplinary and Grievances at Work 2009 makes it clear that conviction for, or being charged with, a criminal offence, is not in and of itself grounds for dismissal. However such conduct by the employee has important ramifications for employers and the procedures that they may wish to adopt when considering or conducting a disciplinary procedure.
The first matter that an employer must consider is to assess the nature of the conduct: does it impact upon the claimant’s employment? If it is clear that this is not the case, then there is a good likelihood that the employer will not properly be able to conduct a disciplinary investigation. Impact on the employee’s employment is, necessarily, a matter that can only be
