Considering a recent court ruling, Kate Palmer examines the options businesses have if an employee is suspected of, but not charged with a crime. There are many things an employer needs to consider once they are notified of an arrest or investigation, including the severity of the charge/potential charge, risk to the business – both in terms of safeguarding and reputationally – and the employee’s rights, remembering that people are considered innocent until proven guilty in a court of law. Any steps that a company takes should be done only after a full and fair investigation, following all HR processes, as with any disciplinary action, to avoid any potential tribunal claim.
