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TERMINATION OF EMPLOYMENT: When disciplinary proceedings and the criminal law collide

29 April 2016  

Richard Berry discusses the main considerations for employers dealing with cases of off-duty misconduct that have a criminal element

The case of ex-Sunderland AFC footballer Adam Johnson provides a recent, high-profile example of how criminal prosecutions and employers’ internal disciplinary procedures may interact. After being found guilty of sexual activity with a girl aged 15, and having previously admitted two other counts, Johnson was sentenced to a six-year prison term, a sanction against which the footballer has subsequently appealed.

Additional Info

  • Case(s) Referenced:

    A v B [2002] UKEAT/1167/01

    British Home Stores Ltd v Burchell [1978] UKEAT/108/78

    Leach v Ofcom [2012] EWCA Civ 959

    Moore v C and A Modes [1981] IRLR 71

    Towart v Northumberland Tyne & Wear NHS Foundation Trust (ET/2505486/10)