Criminal convictions - Discipline at work

Two main difficulties arise in this event. Firstly how to deal with an employee charged, but not convicted. Secondly what action to take if an employee has been convicted of an offence.

Criminal convictions should not be treated as automatic reasons for dismissal. The main consideration should be whether the offence is one that makes employees unsuitable for their type of work. In all cases employers, having considered the facts, will need to consider whether the conduct is sufficiently serious to warrant instituting the disciplinary procedure. We suggest the following course of action:

Is the employer aware that the employee has been charged with relevant criminal behaviour? In this context relevant means either that the criminal behaviour gives the employer cause to be concerned as to whether the employee can fulfill their contractual duties (e.g. a bank clerk charged with theft). Or is the criminal behaviour such that the employer's business may be brought into disrepute (e.g. a school teacher charged with indecent exposure)?
The second step is to interview the individual to give them a chance to explain the current situation.
Generally if an employee has been charged but not convicted of a relevant offence the employer would not dismiss unless the offence is very serious and the employer has good reasons to believe the employee is guilty. The normal reaction would be to suspend the employee from work, depending upon the circumstance, but most likely with pay.
If the employee is convicted of an offence that comes into the above 'relevant' category the employer should institute the Disciplinary Procedure, depending upon the circumstance this may lead to dismissal.
If the employee is convicted of an offence that does not fit into the above 'relevant' category the employer would not normally take any further action. The one exception is if the employee is sentenced to a custodial sentence of such length that the employee is unable to fulfill their employment contract. The question of how long does the sentence need to be, depends on the circumstances but any sentence over three months raises serious questions. This situation would also apply if the employee is remanded in custody for a lengthy period of time.