Difficulties with Employees arrests and convictions
Employers face difficult decisions when an employee is arrested on suspicion or charged with a serious criminal offence that is unconnected with work. Furthermore, more serious disruption can occur if the employee is then convicted. So how should employers deal with such situations?
Employers should avoid treating criminal charges or convictions that occur outside the course of a person’s employment as an automatic reason for dismissal. The employer must consider whether or not the offence is one that has a direct effect on the employee’s employment. Employers will then need to decide, having considered all of the facts of the matter, whether or not it is reasonable to instigate the disciplinary procedure. This should not be done as a knee-jerk reaction to an employee being arrested or even remanded in custody.