Dealing with employees facing criminal charges, imprisonment or regulatory proceedings
Produced in partnership with Ruaraidh Fitzpatrick of Cloisters
Practice notesDealing with employees facing criminal charges, imprisonment or regulatory proceedings
Produced in partnership with Ruaraidh Fitzpatrick of Cloisters
Practice notes
This Practice Note considers the legal and practical issues that Employers should consider when dealing with employees who are facing criminal charges, imprisonment or regulatory proceedings.
Key principles
Where an employee is charged with, or convicted of, a crime or a regulatory offence, it may be open for an employer to dismiss the employee for Misconduct. For the purposes of an Unfair dismissal claim, the dismissal of an employee for a reason which ‘relates to the Conduct of the employee’ is a potentially fair reason for dismissal. It will be for the employer to prove that the dismissal was because of the criminal or regulatory misconduct in question.
Fairness
The burden of proof and the focus of an internal disciplinary process is very different to the focus of criminal proceedings. Criminal proceedings are concerned with guilt beyond reasonable doubt, whereas in a disciplinary process, when determining the facts as to whether or not the relevant conduct occurred, the standard of proof is generally the ‘balance of probabilities’. The same ‘balance of probabilities’
Access this content for free with a 7 day trial of LexisNexis and benefit from:
- Instant clarification on points of law
- Smart search
- Workflow tools
- 42 practice areas
Get your quote today and take step closer to being able to benefit from:
- Instant clarification on points of law
- Smart search
- Workflow tools
- 36 practice areas
Get a LexisNexis quote
* denotes a required field
To view the latest version of this document and thousands of others like it,
sign-in with LexisNexis or register for a free trial.
Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Employer definition
What does Employer mean?
Also known as the client or developer. The person for whom the works are undertaken under the contract'>building contract by the contractor. Sometimes, but not necessarily, the employer is the owner of the site.
CONTACT US
