How Should An Employer Handle Allegations Of Criminal Conduct? Advice From The UK

Published date20 August 2020
Subject MatterEmployment and HR, Criminal Law, Discrimination, Disability & Sexual Harassment, Crime
Law Firmlus Laboris
AuthorMs Karen Baxter (Lewis Silkin LLP)

Recent events in the UK Conservative party have focussed attention on the question of what an employer (or indeed a political party) should do if one of its people is accused of committing a crime. This article provides guidance for employers.

Background

A Tory Member of the UK Parliament has been accused of rape, but at the time of writing has not been charged. It transpires that the Chief Whip had been aware for some weeks of allegations of 'abusive behaviour and threats' made against the anonymous MP by a parliamentary aide. Despite this, no investigation took place.

The MP has now been arrested and bailed, but there has still been no investigation by the party. He has not been suspended from parliament by Commons authorities and the Conservative whip has not been withdrawn. Most recently, the party's decision not to withdraw the whip was supported by none other than the Prime Minister, Boris Johnson, who said 'I think we've got to wait for the police to decide whether they want to make charges and take a decision on that basis.' But is that correct?

Does an employer need to wait for a charge or a conviction?

The short answer is, no.

Situations like this one require sensitive handling and knee-jerk reactions are best avoided. Not all criminal allegations will have a bearing on the workplace, and employers can often safely decide that these issues are none of their business. Motoring offences resulting in a fixed penalty are a common example of criminal offences to which many employers turn a blind eye.

The perspective of the alleged victim and the accused need to be taken into consideration, as well as any potential impact on the organisation or the people the accused person will have frequent contact with. If the alleged victim and the accused are expected to work alongside each other, if there is a significant potential risk to the safety of other people, or if the nature of the allegations alone is damaging the reputation of the organisation, an employer is, at the very least, entitled to act.

Similarly, an allegation which is unrelated to work but which results in bail conditions which prevent the employee from doing their job is likely to require action on the part of the employer.

Where an employee is accused of sexual assault or rape by a colleague the UK arbitration and conciliation service (ACAS) guidance on sexual harassment is unflinchingly clear:

'If the incident has been reported to the police or it's going through a court, [the] employer...

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