Recent days have seen widespread protests, riots and violence spreading across the UK, some of which has been racially or religiously aggravated. But what should an employer do if an employee is involved, either through direct participation or stirring up trouble on social media? Anyone allegedly involved in participating in or inciting a riot may be arrested and charged with criminal offences. An employer’s first instinct might be to dismiss the individual, but this would be unwise - because they may later be able to establish their innocence, or charges dropped.
However, based on how the justice system has dealt with those involved in previous riots, those charged will be unlikely to obtain bail, probably be remanded in custody and receive custodial sentences if convicted, even for a first offence. If an employee can’t work because they are in custody, the employer must consider whether their job can be kept open. It may be argued that the employment contract has been frustrated because the employee’s imprisonment makes performance of their contract impossible.
Alternatively, employers may be able to dismiss someone fairly for misconduct or another substantial reason. They needs to consider all the facts and decide whether the employee’s conduct is serious enough to be treated as a formal disciplinary matter. I’d recommend taking specific legal advice before proceeding.
In any case, an employee who is unable to work because they are in prison does not need to be p.