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Criminal Offences Committed Outside Work – What Should an Employer Do?

What position should an employer take regarding an employee who has committed a criminal offence outside of work? 

We are all aware that, when someone is charged with a criminal offence, they are innocent until proven guilty.  Any dismissal will be unfair unless it is for one of the statutory fair reasons and as employer you act reasonably in all the circumstances.  

If an employee is convicted of a criminal offence occurring outside work, a dismissal is only likely to be fair if that criminal offence has some material impact on the employee’s ability or suitability to do their job or affects their acceptability to other employees to a material extent.

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