Employee Charged with Criminal Offence – How Do I Handle It?
Published on: 24/06/2024
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Article Authors The main content of this article was provided by the following authors.
Claire Macken Senior Associate, RDJ LLP
Claire Macken Senior Associate, RDJ LLP
Claire macken 2022

Claire is a Senior Associate, practising as part of the firm’s Employment team. She has extensive experience advising clients in the private and public sector on contentious and non-contentious employment law matters, including claims for unfair dismissal, equality and discrimination claims, personal injuries, redundancy and fixed-term legislation. She also provides advice on grievances, bullying and harassment investigations, and disciplinary and performance issues.

Claire also has a keen interest in alternative dispute resolutions and has gained vast practical experience of settlement negotiations and mediations.

She is a member of the Employment Law Association of Ireland and Irish Women Lawyers’ Association. She also contributes to Legal Island’s publication service.

An employee has recently been charged with a criminal offence arising from an incident which happened outside of the workplace. We are deeply concerned about the reputational damage for the company and want to know if we have sufficient grounds to dismiss this employee.  How do we handle it?

As is the case with most employment law related matters, there is no “one size fits all” approach when it comes to dealing with an employee charged with a criminal offence. Each case needs to be determined on its own merits and in some situations, it may be fair and reasonable to terminate the employment.

Generally there must be some link between the criminal charge and the employment relationship or some

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 24/06/2024
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