If one of your employees is arrested and charged with something more than usually distressing and distasteful, the question will inevitably come up of whether he can be dismissed. The driver for that inquiry will often be a fear on the employer’s part of adverse publicity arising from its continued employment of him against that background. The trial might easily be a year away, so what else are you to do in the meantime? Suspension on pay for such a period is hardly viable, any more than suspension without. So can you dismiss for conduct which the employee may well be ultimately be found not to have committed (and which you yourself may not even believe in), but where the prospective impact on corporate reputation could nonetheless be significant? Time to go back to The Law. For a fair dismissal the employer needs to show that termination would be within the “range of reasonable responses” to the situation in which it finds itself. Generally in these cases it will pro...
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