Member Article

Tipster: Out on the streets

The recent riots raised a range of issues for employers who suddenly realised that they may have employees who were involved in the riots. Some difficult issues arise. TV footage can often be “manipulated” to make situations seem worse than they are, or give a different picture to the true story. CCTV evidence, however can be slightly more helpful.

Hopefully we will not be having riots in the streets of the north east but what about a situation whereby an employee is involved in an altercation on a Saturday night and then is hauled up in front of the magistrates. Does this automatically mean that an employee can be dismissed for outside of work issues?

Some employers will think that if they have less than one year’s continuity of employment then they can be dismissed in any event - that is a very commercial view.

However, it is still always policy to have a full and detailed investigation to get to the root of the issue and see whether it does impact on the employer/employee relationship. Obviously sometimes it is a no brainer, for example, if the actions have besmirched the good name and reputation of the company or someone who is suspected of committing an act of violence and the job involves working with children or vulnerable adults, then it is a more straightforward decision. A common example is an employee who is convicted of a motoring offence and whose licence is revoked - if their job is purely car transport based then unless the employer can give the employee some different duties dismissal is the obvious sanction.

As the song goes “wise men say only fools rush in” and it is best also to always take a considered view on these issues before coming to your final decision.

For further information about this tip or to learn more about Crutes’ services contact David Gibson on 0191 233 9762.

This was posted in Bdaily's Members' News section by David Gibson .