Can an employee convicted of a Criminal Offence be dismissed?

If an employee is convicted of a crime, an employer must assess the impact on the job, company reputation, and colleagues, following fair disciplinary procedures, as dismissal isn’t automatic unless the conviction prevents them from working (e.g., losing a required license) or poses a serious risk, requiring careful investigation, consultation, and adherence to company policy and employment law to avoid unfair dismissal claims. 

Key Steps to Take:

• Verify the Information: Confirm the conviction details and the sentence.
• Assess the Employment Impact:
• Job Suitability: Does the crime make them unsuitable for their role (e.g., theft conviction for a finance role)?

• Reputation & Colleagues: Will it damage the company’s image or make colleagues feel unsafe?

• Legal Requirement: Does the conviction mean they can’t legally do the job (e.g., drunk driving conviction for a driver)?
• Follow Your Policies: Apply your company’s disciplinary and grievance procedures fairly.
• Conduct a Fair Investigation:
• No Knee-Jerk Reactions: Avoid immediate suspension or dismissal.
• Document Everything: Keep records of your investigation and decisions.

• Hold a Meeting: Invite the employee to a disciplinary meeting, inform them of their rights (e.g., to be accompanied), and give them a chance to respond.
• Consider Alternatives: Explore options like redeployment or warnings if dismissal isn’t warranted.
• Seek Legal Advice: If uncertain, especially with serious or complex cases, consult an employment law expert to ensure compliance and avoid legal challenges. 

Important Considerations:

• No Blanket Policies: Avoid automatic dismissal for any conviction; each case must be judged individually.
• Spent Convictions: Be aware of laws regarding spent convictions, as minor offenses may not need disclosure after a certain period.