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date: Tue, 20 Oct 2009 09:25:08 +0100,    group: uk.legal.moderated        back       
Dismissing an employee for a court conviction   
If an employee of a company has a court conviction while being employed,
and that conviction leads to a fine (not prison, nor community service)
does the employer have grounds to dismiss the employee for 'bringing
the company into disrepute'?

Does this contravene the 'rehabilitation of offenders act'?




-- 
FairLaw
date: Tue, 20 Oct 2009 09:25:08 +0100   author:   FairLaw

Re: Dismissing an employee for a court conviction   
FairLaw wrote:

> 
> If an employee of a company has a court conviction while being
> employed, and that conviction leads to a fine (not prison, nor
> community service) does the employer have grounds to dismiss the
> employee for 'bringing the company into disrepute'?
> 
> Does this contravene the 'rehabilitation of offenders act'?

It depends what the offence is who it was commmited against and the
position within the company the employee holds and the type of
business.
date: Tue, 20 Oct 2009 11:20:20 +0100   author:   steve robinson

Re: Dismissing an employee for a court conviction   
On Oct 20, 9:25 pm, FairLaw  wrote:
> If an employee of a company has a court conviction while being employed,
> and that conviction leads to a fine (not prison, nor community service)
> does the employer have grounds to dismiss the employee for 'bringing
> the company into disrepute'?
There would presumably need to be some nexus between the nature of the
offending and the employment situation the onus being on the employer
to justify. A council would be hard pressed to justify firing a
dustman merely for commiting some offence.  On the other hand an anti-
alcohol advocacy group would probably be justified in dismissing an
employee fined for disorderly behaviour while drunk.

>
> Does this contravene the 'rehabilitation of offenders act'?
The Act does not seem to cover this aspect. It is concerned with not
needing to disclose old convictions when applying for a job.
date: Tue, 20 Oct 2009 11:25:23 +0100   author:   peterwn

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