Jennifer Cashman has more than 20 years’ specialist experience advising a wide range of employers across a number of sectors. Recognised as a Leading Individual in Irish Employment Law in the 2023 edition of The Legal 500 Europe and is also recommended as a Leading Lawyer (Band 1) in Chambers Europe. Recognised thought-leader on various employment law and HR issues, in particular retirement ages and age discrimination. Clients praise Jennifer for her “practical, business-focused advice” and say “she gives "straight answers to straight questions… clearly very experienced and her delivery is fantastic - always clear and to the point."
Can I dismiss an employee who has been convicted of an offence or accused of a crime? A conviction/accusation has been published in the paper and the Company does not wish to retain this person in employment in circumstances where the conviction/accusation is a poor reflection on the organisation as a whole. How do I handle it?
Jennifer Cashman writes:
The whole area of terminating contracts of employment arising out of convictions or criminal offences is a difficult area. If what could be described as criminal offences committed by an employee during the course of employment it may be dealt with as an alleged wrong in the context of the employment relationship. However, criminal offences attempted or committed outside employment,
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