header-logo header-logo

29 October 2010 / Michael Salter , Chris Bryden
Issue: 7439 / Categories: Features , Employment
printer mail-detail

Risky business

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
back-to-top-scroll