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DISCIPLINARY PROCEDURES: Dismissing for criminal behaviour

23 September 2011  

Matthew Ramsey and Jenny Steer consider how employers should respond if an employee is arrested or charged with an offence by the police

The August riots across England led to the arrest of over 3,000 people, including health workers, a primary school teaching assistant and shop workers. Their employers will have faced the difficult questions of whether their criminal behaviour warranted disciplinary action and how the employee’s arrest, charge or conviction affected the decision to take action or not. In grappling with those issues, the employee’s seniority, the publicity around their involvement, the degree of proof and the underlying law of unfair dismissal all need to be weighed in the balance.

 

Additional Info

  • Case(s) Referenced:

    Ali v Sovereign Buses (London) Ltd UKEAT/0274/06/DM

    Burns v Santander UK plc [2011] UKEAT 0500/10/2303

    M Doherty v Consignia plc ET/2204805/00

    Post Office v Liddiard [2001] EWCA Civ 940

    Preece v JS Wetherspoon plc ET2104806/10

    R (on the application of G) v The Governors of X School & ors [2011] UKSC 30

    T Doherty v Consignia plc ET/2205635/00

Last modified on 02 June 2015