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Riotous Behaviour
If you have employees who have been arrested or charged in relation to the recent riots, what should you do?

This will depend on the facts of the individual case, as well as your disciplinary policy which may include criminal conviction as an example of gross misconduct. The nature of your business and the employee's role will also be relevant factors as well as the potential impact on the reputation of the employer. However you will need to ensure that a fair process is followed, including an investigation. If a disciplinary sanction is considered to be appropriate, you will need to ensure that it is within the range of reasonable responses to the employee's actions.

This means that you will need to take into account any mitigating factors and the employee’s disciplinary record to date and how you have treated other employees – it may not always be a reasonable response to dismiss, particularly if it is inconsistent with the way you have treated others. You also need to decide whether the individual’s actions have had a minor or more substantial effect on the reputation of the business.

For help and advice in these circumstances contact us on 01684 594773 or
Posted on 19 Nov 2016

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