As an employer, you may be used to dealing with poor conduct in the workplace. However, the poor conduct of employees outside of the workplace may also be a matter for you to deal with. You must correctly identify whether it is a matter you may address and, if so, follow the correct procedure. Failure to do so may lead to unfair dismissal claims against your business. This article will explain what employers need to know about poor conduct away from the workplace in England. It will explore when poor conduct away from the workplace may be an employment matter and how you might deal with it. Lastly, it will address how you may prevent this from occurring in the first place.<\/p>\n\n\n\n
It is generally not an employer matter when employees behave inappropriately outside the workplace and are not working for you. However, it may be a matter of concern when, for example, it:<\/p>\n\n\n\n
As an employer, you must be careful about deciding if your employee\u2019s behaviour adversely affects your business. Whilst you may not like how your employee behaves away from the office, this does not automatically make it a matter for you to deal with. For example, employees voicing political opinions that do not align with your own are usually not a matter you can address. You need to balance your employee\u2019s right to privacy and your right to protect your business.<\/p>\n\n\n\n
Where you have established that your employee\u2019s poor conduct away from the workplace is a matter for you as an employer, you must determine how to deal with it. This will depend on the unique circumstances and nature of the case. You will likely need to conduct your standard disciplinary procedures to establish what action to take. If the situation warrants it, you may also turn to your anti-bullying and harassment policy.<\/p>\n\n\n\n
Where your employee engages in conduct outside of the workplace consistent with misconduct, you will likely use your disciplinary policy. This may include where your employee is: <\/p>\n
Notably, criminal behaviour does not automatically require your attention as an employer. It will depend on whether it affects their employment with you. If you decide to take action, you do not need to wait for the result of a criminal investigation. Additionally, you should not involve the police in your investigation or actions. Where criminal activity results in a lengthy prison sentence, you may find this frustrates<\/a> your employment contract with your employee. Therefore, you will not need to carry out a disciplinary process. However, you should be wary about assuming this. <\/p>\n\n\n\n When you use your disciplinary process to deal with your employee\u2019s poor conduct outside the workplace, you should still follow a fair process, including an independent investigation. In addition, you should hold a disciplinary hearing and allow your employee a right of appeal. This is especially important if your disciplinary process results in a dismissal, as you must ensure you dismiss the employee fairly.<\/p>\n<\/div>\n\n\n\n After following a fair disciplinary procedure due to the poor conduct of your employee away from the workplace, you may decide it is appropriate to dismiss<\/a> them. There are five potentially fair reasons for dismissal. Dismissal<\/a> for poor conduct away from the workplace is likely to fall under the \u2018some other substantial reason\u2019 category. If you decide to dismiss under this reason, you will usually need to show that your employee’s actions have directly resulted in you either:<\/p>\n\n\n\nDismissal <\/h3>\n\n\n\n