How should employers deal with staff involved in current unrest?

The one that employment lawyers are frequently asked concerns how employers should respond if they know or suspect a member of staff has been involved in violent or threatening conduct.

The answer is not straightforward for two main reasons. First, it isn’t always fair to dismiss a member of staff for criminal conduct outside the workplace.

Normally, it either needs to be related to work in some way (a shopworker convicted of shoplifting from a neighbouring store is an obvious example) or so serious that it causes reputational damage to the employer (and that’s not always easy to establish, particularly in the confused and fast-moving context of a riot).

The second difficulty arises because the police will be leading the investigation, not the employer. Given the speed at which the Government has committed to processing cases involving suspected rioters, and the fact that a high proportion of those being arrested are being remanded in custody, it may be more sensible for employers to await the outcome of the criminal process, rather than reacting immediately when they get news of a member of staff’s involvement.

In short, depending on the circumstances, it may well be fair to dismiss a member of staff who the employer believes has participated in the rioting, provided a fair process is adopted.

What we can say with more confidence is that employers would be in a stronger position to take disciplinary action if they have made it clear to staff that violent conduct of any kind, even outside the workplace, would be regarded as a serious disciplinary offence.

It is equally important to signal the sources of support available to staff who may have been threatened or abused because of their race and to consider adjustments to support them until the current unrest abates, such as allowing them to work from home if they feel unsafe while travelling to work.