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Risky business

29 October 2010 / Michael Salter , Chris Bryden
Issue: 7439 / Categories: Features , Employment
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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

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NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
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