Misconduct: Can employers dismiss for committing a criminal offence?

In light of the police fines issued to those who attended Downing Street events during lockdown, Sungjin Park examines how to deal with employees who break the law A misconduct dismissal will be considered unfair if the employer has not formed a genuine belief on reasonable grounds that the offence in question has been committed. …
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Unfair dismissal: Terminations for behaviour outside work

Two EAT decisions have examined whether it can be fair to dismiss an employee for alleged conduct in their private life that could bring their employer into disrepute. Suresh Patel reports ‘When deciding whether a dismissal is fair, an employment tribunal is required to assess whether the sanction of dismissal involves a disproportionate and unjustified …
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Termination Of Employment: When disciplinary proceedings and the criminal law collide

Richard Berry discusses the main considerations for employers dealing with cases of off-duty misconduct that have a criminal element ‘One aspect of the law which can be useful for employers is that they do not necessarily have to rely on “conduct” as the statutory reason for dismissal, particularly if there is insufficient evidence to establish …
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Corporate Reputation Management: Protecting an employer’s good name

Is it lawful for an employer to dismiss someone because they pose a risk to its reputation or brand? Melanie Lane, Stephanie Pitman and Tamsin Blow report ‘For a dismissal for reputational reasons to be fair under s98(4) of the ERA, the employer must take a critical view of any allegations by a third party …
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