Does gross misconduct attract a criminal conviction and not just dismissal?

[Hotvimto3]

As above?

It would depend firstly if the reason for dismissal is a criminal offence and secondly if the company choose the report it.

No, not unless the behaviour was also a criminal offence (eg an assault on a colleague) but there would be a separate, criminal, case for that.

Stealing at work, yes.

Drinking at work, no.

It was in public office

Depends on what they've done.
If it's fraud or assault for example then it could because they are criminal offences in their own right. Being rude to a client for example then less likely because it's less likely to amount to a crime.

No.

Wholly separate things, even if you're a police officer, member of the military or similar.

Gross misconduct is an internal HR process for an employer.

Criminal charges may or may not be brought, depending on what the gross misconduct is. But only if the police are investigating whatever happened.

The person got confidential information and used it to stalk, the stalking offence is being investigated but the work place one looks like its going to gross misconduct.

Is it governmental? SS or NHS?

Because when I worked for SS they definitely would have done everything in their power if I'd done that. Very very serious.

Is the stalking being investigated by the police? If so, it might lead to a criminal conviction.

well, that is a crime, but the work place won't be investigating it as a crime - that would depend on the victim reporting it to the police

Yes government. I just fill like a warning in work or even loss of a job isnt fair, that they should be prosecuted as it is surely illegal but when i look into it it looks like the dismissal from work is as serious as it gets.

The gross misconduct hearing will almost certainly wait for the criminal case to conclude before they finalise their action in that case. He could be suspended from work in the interim.

Conclude could be the case is not taken on by the CPS and no prosecution comes of it, he is cautioned or has a similar out of court result, he goes to court and is cleared, goes to court and is convicted.

I'm unclear - are the police investigating?

Thank you x

I don’t Know what more you wish an employer to do; there is nothing more than dismissal for gross misconduct. They are not the police

The person who was stalked can go to the police and that way a criminal offence would be considered. Does the stalkee know this took place?

Yes and they have xx

No i think the police and work should deal with it. Just dismissal doesn't seem enough when it was then used to commit an offence to me.

Okay that is positive. The extent to what the employer can do is dismissal. After that any criminal aspect will be up to the prosecution (not sure title in UK - I am in Ireland) I know we had recent enough new legislation to align to EU changes so there may be tougher sentences now if there is a decision to progress a case.

Thank you x

You're confusing two different processes.

There is a criminal process, if a crime (e.g. stalking/harassment) has been committed - this will be pursued by the police / CPS.

Then there is a HR process, which will be pursued by the employer. Dismissal for gross misconduct is pretty much the maximum that an employer can do. This is totally separate to the criminal process, and the employer can apply a lower burden of proof (someone doesn't have to be successfully convicted of the crime to be dismissed).

You said the police are investigating? So it might not just be a dismissal. A dismissal from employment and potentially a conviction via the police / criminal process.