Breaking the Law outside of work

SueC_2

An interesting moral and legal dilemma:

If an employer becomes aware that an employee is habitually breaking the law outside of work, but in a way that has no direct effect on the reputation of the employer, is it 'fair' of the employer to take disciplinary action? ie: if that disciplinary action resulted in dismissal, would the employee have a case for Unfair Dismissal?

On the other hand, if the employer did not take disciplinary action and the employee was later caught and prosecuted for breaking the law, and it then became clear that the employer had known about this all along, is there any risk of action against the employer?

Thanks all.

podperson

I think it would depend on the contract - a lot of large companies in particular will have clauses in the contract about acting in a way that could look bad on the company outside of work so suppose it could be argued it could come under that. I don't think it's the employer's place to discipline for something that happens outside the workplace - if the employee is breaking the law it should be reported to the relevant authorities.

Guitar

An employee's behaviour outside of work is always a reflection on the employer.

SueC_2

Guitar wrote: »

An employee's behaviour outside of work is always a reflection on the employer.

Not necessarily... it would depend on whether that behaviour is witnessed by anyone else. Which in this instance, it isn't.

lucylucky

If someone is doing something illegal that is unknown to anyone else apart from that person then I cannot see how it has any bearing on anything.

If the employer is aware then they could report it to the police.

Or have a quiet word with the individual and advise them to stop.

fishfins

Personally I have a clause in my contract (I work for EDF) which states something along the lines of actions outside of work which may have a negative impact on the company (i.e. clothes, attitudes and behaviours) may result in disciplinary action.

Emmzi

There are so many variables here. I think we'd need an idea of what the lawbreaking is and what the company does.

(Usually I find this is "so and so smokes weed" which is bad if they are a lawyer and less bad if they are a guitarist)

SueC_2

Hmmm, bit reluctant to go into too much detail, but let's just say it might be something similar to driving without a valid licence.

Driving is not part of their role at work, although they do drive to get into work. Since this has come to light they park round the corner and walk the last little bit so their vehicle is never on company premises.

lucylucky

As I said if the employer knows then they should be doing something.

Feigning ignorance is no defence

Tiddlywinks

SueC wrote: »

Hmmm, bit reluctant to go into too much detail, but let's just say it might be something similar to driving without a valid licence.

Driving is not part of their role at work, although they do drive to get into work. Since this has come to light they park round the corner and walk the last little bit so their vehicle is never on company premises.

So YOU know someone (set aside the employer / employee stance) who is breaking the law every day by driving when they shouldn't and you come on an internet forum to ask about it??? Go to the police or Crimestoppers - they will not have insurance for a start. What if they have an accident?

YOU have the knowledge so YOU need to do something about it.

Emmzi

In that example if it was a company that audited H&S, I'd take them aside and explain I was considering disciplinary action and could they not drive anywhere near the premises and could they just do their driving test please?

On a seperate note I might shop them to the police as they are driving a big killing machine possibley unskilled.

It really is hard to offer an opinion without specifics though!