When can you sack an employee who has been charged with/convicted of a criminal offence?
There is no general right to sack an employee because they have been charged with or convicted of a criminal offence. Instead employers must consider the effect of the charge or conviction on the individual's suitability to do the job and their relationship with their employer, work colleagues and customers. Relevant matters include the nature of the offence, the nature of the person’s job, the extent to which it involves contact with other employees or the public, and the employee’s seniority or rank.
If there is no adverse effect on their suitability the charge or conviction should have no bearing. However, if the employee is unavailable for work because they are in custody the employer will need to consider whether that job can be kept open in light of the business’ needs.
Certain offences will affect an employee’s suitability for their job, and others may impact on workplace or business relationships. For example, an employer is entitled to dismiss a retail worker who is convicted of theft because honesty is an essential pre-requisite for working in a shop.
Sexual and violent offences are also likely to damage relationships with colleagues and customers/clients, who are unlikely to want to work with or do business with someone who has committed such offences.
Damage to reputation may also be relevant. Disassociating itself from an employee’s bad behaviour might be especially important for an employer with a mixed customer base that aims to cultivate a family-friendly image, for example. However, employers generally cannot make unsubstantiated assertions that their reputation has been damaged. If they want to dismiss an employee on this basis they would need to point to examples of customers withdrawing contracts or refusing to allow them to tender because of the charge or conviction.
From HR Magazine