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

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

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Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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