Unfair dismissal following criminal charge
- Date: Thursday 21st November 2019
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Bosher v EUI Ltd gave judgement on a case of an employer dismissing a staff member accused of a criminal act, while proceedings were still underway.
Mr Bosher was charged with the offence of being in possession of indecent images and did not submit a plea when attending court. While criminal proceedings continued, Mr Bosher’s employer invited him to a disciplinary meeting for gross misconduct, ultimately dismissing him because they had reasonable belief that the allegations were true. The instant dismissal was justified by the employer stating that there has been reputational damage to the organisation and that the employer also had a duty of care towards those employees who are under the age of 18.
Bosher appealed and requested for the appeal to be heard following his trial, but this request was turned down.
Although the employment tribunal found that the burden of proof was lower than that of the criminal court, they felt that any reasonable employer would have waited for the outcome of the CPS enquiries, before making a decision.
Mr Bosher had an exemplary employment record, and this should have been considered in the process. Ultimately, dismissing an employee comes down to the fundamental test of whether or not they are capable of performing their duties.
Source: People Management