Remanded in Custody, Implications for Employment?

BillJones

antrobus wrote: »

Once the criminal legal process has been concluded, the employer is perfectly free to disagree with that conclusion, but not before.

You're just making stuff up now, because you'd like it to be true. That's silly.

browneyedbazzi

unlikelyheroine wrote: »

Dismissing someone pending, or during, a criminal trial, is in no way a contempt of court. It makes no public statement that interferes with proceedings. It may, depending on the facts, be something the employee can take action for if employment rights have been breached.

The above is correct - the employer can dismiss before the outcome of the criminal case is known without fear of being found in contempt. If the employer went to the papers or on the news saying they have sacked the person because they believe them to be guilty then they would be straying into contempt.

The employer may also have other reasons to dismiss, without considering if the individual is guilty or not - if they are not able to show up and do the job (and don't have leave approved) then that can be reason enough.

As for what OP's relative should do - I'd say be honest with the employer and ask to take the time as leave (if it is for the short term and they have leave available) or unpaid. What the employer will do/agree to largely depends on the nature of the work, the actual charge, the employee's history and relationship with the employer.

Undervalued

antrobus wrote: »

Disciplinary procceedings on the other hand, are subject to the law on such things.

No, they are not actually!

A wise employer will conduct a fair process. The easiest way of doing that is to follow the GUIDELINES laid down by ACAS. Doing so reduces the chances of being successfully challenged in an employment tribunal. There is no LAW setting out how a disciplinary procedure must be conducted.

ohreally

What's the state of play re this?