Can you dismiss an employee involved in riots?

What are your options if an employee is actively involved in civil unrest?

We have all seen the news stories, videos and photos of rioters around the country causing damage and spreading violence, but what has been most surprising is how little effort there has been from many of those involved to conceal their identity. This led to a discussion among the team about the action employers could take if they found that an employee had been involved in the far-right riots.

If an employee is convicted of involvement

In this situation it is likely to be much simpler to deal with as the individual will have been found guilty of their involvement, with the legal process being one of ‘beyond reasonable doubt’ in order to convict, and you can rely on this for your investigation or evidence gathering. 

If the individual is sentenced to prison, then the process that you are required to follow in order to fairly dismiss will be much easier, and in most cases, you can dismiss fairly as they are no longer able to fulfil the requirements of their role, namely do the work, as well as being a serious issue of their conduct.

I would recommend that you write to the employee setting out your decision so that they are aware of the date the decision was made and reason for your decision.

If an employee is convicted but not imprisoned then you would need to follow a fair process of invitation to a disciplinary hearing, hearing and making a decision.

The fairness of your decision and outcome will very much depend on all of the circumstances of the situation including the nature of your business and the work that the individual undertakes. However, a decision to dismiss following criminal conviction for involvement in the riots is, in my view likely to be justifiable (in most cases) as a fair reason for dismissal.

If an employee is involved but there is no criminal conviction

In this situation the extent of your investigation into the misconduct will need to be more in depth in order to establish the facts and circumstances involved.

Once you have completed the investigation and gathered information about what happened then you will need to invite them to a disciplinary hearing.

The decision on the outcome in this situation will need to take into consideration:

1. The extent of their involvement in the riots.
2. The nature of your business/organisation and work you undertake.
3. The nature of their role and position in the business or organisation.
4. The potential reputational impact on your business/organisation of their involvement.
5. The potential response and/or impact on colleagues.

It is important to give full consideration to the fairness of your decision and if the outcome is a reasonable one in all the circumstances of the case.

For many employers in this situation, they will be able to rely on the reputational damage and risk to the business of the individual’s involvement in the riots, to justify dismissal, but this is by no means cut and dry, and therefore the process followed and justification for the decision need to be carefully considered.

Get advice

I strongly recommend that, if you find yourself in this situation, that you seek advice before finalising your decision.

Remember that you should not rush to a conclusion or decision, and instead utilise a short period of suspension to seek advice and gather the evidence before moving forward.

Please do not hesitate to contact any member of the team if you would like to discuss or would like any support 01983 897003 or email alison@realemploymentlawadvice.co.uk

Photo by Jonathan Harrison on Unsplash