Employers and human resources professionals are sometimes required to face up to the difficult challenge of a staff member being arrested whilst off duty. Their automatic and immediate reaction might be to simply dismiss an employee on the grounds of his or her brush with law. Yet they also need to open up clear and logical channels of both communication and thought in order to ensure that they do not unwitting brush adversely with employment law themselves.
Whilst arrests for any sorts of minor or major offences are singularly undesirable to employers, they do not necessarily constitute on the spot dismissals. From a purely human resources perspective, what needs to be taken in to careful and close consideration is the direct or indirect impact the alleged offence may have on the business and the role of the employee within the business.
A member of staff who has been arrested may or may not be ultimately taken to task in a court of law. In most cases, there is a long interim period between the arrest and court cases actually happening. Employment law does not dictate that employers need to wait until a verdict has been reached before taking disciplinary action against an arrested employee. Neither does it endorse dismissal as a naturally correct employer reaction, even if a member of staff is tried and found guilty.
If and when such situations do arise, many business owners feel that they do not have the confidence or the experience to tackle them single handedly. Some sensibly enlist external professional support to provide them to a logical, unemotional and legally compliant overview.
At NorthgateArinso Employer Services, such expertise and support is exactly what we bring to the table. In cases of either staff arrests or convictions, we take every necessary step to guide employers through each and every due action and consideration. We even conduct all of the interviews on behalf of employers with offending employees
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