Bad behaviour outside the workplace

Home Articles ADVICE & GUIDANCE Bad behaviour outside the workplace
a
Headache

The recent incidents of footballers failing drugs tests raises the issue of if and when behaviour outside work amounts to misconduct.

It is well established that employee’s actions outside the workplace can amount to misconduct, providing there is a clear link between that behaviour and their company and their role within it.

For example, this could include:

  • Behaviour which could bring the company into disrepute.
  • Actions outside work which are linked to work, for example, bad behaviour at a workplace function.
  • Conduct which is incompatible with the role carried out by the employee. For example, a case involving dishonesty and theft outside work or a professional sports person taking illegal drugs.

Before a kneejerk reaction, employers should investigate and consider if such behaviour has an impact on the employment relationship.

An employee was found to be fairly dismissed for bringing his employer into disrepute for attacking a police officer. The key point was that his actions damaged the company’s reputation because the incident was reported in the newspapers with reference to the employer.

On the other hand, an employee dismissed due to an isolated incident of violent behaviour brought about by alcohol at a work related function, when the employer had provided a free bar ,was found to have been unfairly dismissed.

Conduct away from the workplace when off duty which has no bearing on employment is unlikely to justify any formal disciplinary action.

As with any disciplinary action, the matter should be thoroughly investigated and procedure followed as outlined in the contract/staff handbook.

It is always advisable to seek professional help in this difficult area of employment law.

Related articles:

Tackling employee misbehaviour: http://www.avensure.com/professional-insights/tackling-employee-misbehaviour

When employees get banged up … what are your options? http://www.avensure.com/professional-insights/employees-get-banged-options


Richard Jones

For more information about me, come see my profile: Richard Jones

Share:
Facebook
Twitter
Pinterest
LinkedIn

Leave a Comment

Your email address will not be published.

Social Media

Latest Posts

RIDDOR Landing page v x

What are RIDDOR Regulations & What are Employer’s Responsibilities for RIDDOR Reportable Incidents?

Firstly many people ask what RIDDOR means, RIDDOR stands for reporting injuries diseases, and dangerous occurrences. Accidents at work can happen, even with the best …

An Employer Guide to Disciplinary Action and Police Investigations

An Employer’s Guide to Disciplinary Action and Police Investigations

Without wishing to delve too heavily into the current (alleged) political shenanigans, there has been much discussion about the announcement of an investigation by the …

covid vaccine 800x296 1

Your Complete Guide to Mandatory Covid-19 Vaccinations

Earlier this month the government announced that The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 amendment had been passed by Parliament. The …

working from home

Can employers adjust sick pay for unvaccinated workers?

Can employers adjust sick pay for unvaccinated workers? There has been a lot of media coverage recently about various companies who are reducing sick pay …

working from home

Working from home: FAQs for employers

This week the Prime Minister, Boris Johnson announced the implementation of Plan B of its COVID-19 winter response due to rising numbers of COVID-19 cases …

On Key

Related Posts