Dismissal based on criminal allegations was unfair
As the Acas code on disciplinary procedures makes clear, even if an employee is charged with or convicted of a criminal offence, that is not normally in itself reason for disciplinary action. The employer has to consider ‘what effect the charge or conviction has on the employee’s suitability to do the job and their relationship with their employer, work colleagues and customers’.
The employee in Z v A, a school site manager, was dismissed for ‘some other substantial reason’, on the ground that trust and confidence in him had broken down. This was because the employer had been informed by the police that an allegation of child sexual abuse had been made against him…
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