Employment Law Advice

[Incognitoihu]

Hi, I will try to give the details I need whilst remaining vague enough to not be outing (name changed for this). I work in an educational setting. A colleague was arrested for something along the lines of harassment. Colleague is still on bail and awaiting trial but has been allowed to return to work. Some other colleagues witnessed the behaviour and were interviewed by the police. They are also friends with the victim so know their side of the story. A member of senior management has been to see every member of staff who knows what happened and told them they are not allowed to talk about what happened and if anyone who does not know what happened asks, they have to say "I don't know." Legally, can an employer tell an employee they cannot talk about an event like this? Second question, once an employee has left that place of employment, can they still legally be told they can't talk about the event to anyone? (Nothing has been signed about the event etc) Thanks!

Did the alleged crime happen at work? If yes, the employer can probably require confidentiality - it depends on contractual terms and conditions, but a term about confidentiality that extends past the end of the employment is pretty common.

If the alleged offence did not happen at work, it's unlikely that the employer can enforce confidentiality outside the workplace, though he can require them not to talk about it while at work.

TBH though, the employer's advice sounds excellent. If they are witnesses to a potential crime, it's unhelpful and potentially prejudicial if the witnesses gossip.

Agree with the previous poster that your employer's advice sounds excellent. Forget about the legalities. The alleged offence is currently sub judice. Given that both the alleged offender and some of the witnesses work there, the trial may be prejudiced if people talk about it. Whilst it is highly unlikely, people could, in theory, find themselves charged with contempt of court.

If this alleged crime was at work, I’m amazed the employee is not suspended. Returning to work in the circumstances seems surprising to me.